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WHITAKER v. TOWN OF SCOTLAND NECK

No. COA02-22.

572 S.E.2d 812 (2002)

Donald Earl WHITAKER and Thomas Lee Whitaker, Jr., Co-Administrators of the Estate of Carlton Whitaker, Deceased, Plaintiffs, v. TOWN OF SCOTLAND NECK, C.T. Hasty, Individually and in his official capacity as Safety Director for the Town of Scotland Neck, and Douglas Braddy, Individually and in his official capacity as Public Works Superintendent for the Town of Scotland Neck, Defendants.

Court of Appeals of North Carolina.

December 17, 2002.

Attorney(s) appearing for the Case

Joynes & Gaidies Law Group, P.A., by Frank D. Lawrence, III, Elizabeth City, for plaintiff-appellants.

Cranfill, Sumner & Hartzog, L.L.P., by Patrick H. Flanagan and Donna R. Rascoe, Raleigh, for defendant-appellees.

EAGLES, Chief Judge.

Donald and Thomas Whitaker ("plaintiffs") appeal from summary judgment in favor of the Town of Scotland Neck ("defendant"). Plaintiffs are co-administrators of the estate of Carlton Whitaker ("decedent"). Charles Hasty, the town's Safety Director, and Douglas Braddy, the town's Public Works Superintendent, were also named as defendants. On appeal, plaintiffs assert one assignment of error: that the trial court erred in granting defendant's motion...

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