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MABREY v. SMITH

No. COA00-470.

548 S.E.2d 183 (2001)

Glen Raeford MABREY, Jr., Administrator of the Estate of Glen Raeford Mabrey, Sr., v. James SMITH, M.D. Mohammad Aktaruzzaman, M.D. (Also known as Mohammad Zaman, M.D.), Terry Rees, M.D., Gordon Lavin, M.D., Harold Glenn Tart, R.N., James Mallard, R.N., Pat Ray, LPN, John Jones, Doris Mills, R.N., Sabbath Luyando, R.N., Joseph Creech, R.N., Hal B. Farthing, III, R.N., Amy L. Ortiz, R.N., Mario A. Rodriguez, R.N., Rosa Settle, R.N., Lizzie T. Simpson, LPN, And Mark Lucas, LPN.

Court of Appeals of North Carolina.

June 5, 2001.

Attorney(s) appearing for the Case

Pipkin, Knott, Clark & Berger, by Bruce W. Berger and Joe Thomas Knott, III, Raleigh, for plaintiff-appellee.

Young, Moore & Henderson, by Dana H. Davis, Raleigh, for defendant-appellants Smith, Tart, Mallard, Mills, Luyando & Creech.

Patterson, Dithey, Clay & Bryson, by Charles A. Madison, Raleigh, for defendant-appellant Lavin.

Yates, McLamb & Weyher, by Renee B. Crawford, Raleigh, for defendant-appellant Settle.

Vanwinkle, Buck, Wall, Starnes & Davis, by Carleton Metcalf, Asheville, for defendant-appellant Ortiz.

James Peeler Smith and Christine Ryan, Asst. Attorney Generals, for defendant-appellants Farthing and Rodriguez.

Northrup & McConnell, by Elizabeth McConnell and Anna Hamrick, Raleigh, for defendant-appellants Aktaruzzaman and Rees.

Dennis P. Myers, Asst. Attorney General, for defendant-appellant Simpson.

THOMAS, Judge.

Defendants appeal from an order denying their motions to amend, motions to dismiss on grounds of public official immunity and motions for judgment on the pleadings. Defendants set forth two assignments of error.

Plaintiff's father, Glen Raeford Mabrey, Sr., the decedent, was serving a prison term at Umstead Correctional Unit. On 21 February 1996, he was transferred to the Central Prison Mental Health Unit to receive treatment for acute psychosis...

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