PRIOR v. PRUETT

No. COA00-415.

550 S.E.2d 166 (2001)

Harold F. PRIOR and Paulette M. Prior, Co-Administrators of the Estate of Shawn Kelly Prior, Deceased, as Administrators, and on their own behalf, Plaintiffs, v. James Earl PRUETT, individually in his official capacity as deputy of the Burke County Sheriff's Department; Steven Scott Rogers, individually and in his official capacity as a deputy of the Burke County Sheriff's Department; Lyle Dean Garland, individually and in his official capacity as a deputy of Burke County Sheriff's Department; Ralph Johnson, individually and in his official capacity as Sheriff of Burke County; and Burke County, a body politic and corporate, Defendants.

Court of Appeals of North Carolina.

June 5, 2001.


Attorney(s) appearing for the Case

Goldsmith, Goldsmith & Dews, P.A., by C. Frank Goldsmith, Jr., Marion, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice, by G. Michael Barnhill and W. Clark Goodman, Charlotte, for defendants-appellees.


BIGGS, Judge.

This appeal arises from a wrongful death action filed by the Estate of Shawn Kelly Prior, in which the trial court granted the defendants' motion for summary judgment. Plaintiffs, Harold and Paulette Prior assert that the trial court's entry of summary judgment was error because there were genuine issues of material fact regarding the reasonableness of the defendants' conduct and therefore defendants were not entitled to judgment as a matter of law....

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