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LANE v. CITY OF KINSTON

No. COA00-265.

544 S.E.2d 810 (2001)

Carl Jeffrey LANE, Plaintiff, v. CITY OF KINSTON and Stephen L. Thompson, Defendants.

Court of Appeals of North Carolina.

April 3, 2001.

Attorney(s) appearing for the Case

Jeffrey S. Miller, Jacksonville, for plaintiff-appellant.

Sumrell, Sugg, Carmichael, Hicks & Hart, P.A., by Scott C. Hart, New Bern, for defendants-appellees.

TYSON, Judge.

Plaintiff, Carl Jeffrey Lane ("Lane"), appeals the trial court's order dismissing his complaint against defendants City of Kinston ("City") and Stephen L. Thompson ("Thompson") for failure to state a claim upon which relief may be granted. We affirm the trial court's dismissal of Lane's action for the reasons stated below.

On 13 September 1999, Lane filed a complaint seeking damages for defendants' negligence. Lane filed an amended complaint...

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