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CREEL EX REL. MORGAN v. NORTH CAROLINA DHHS

No. COA01-1058.

566 S.E.2d 832 (2002)

Justin Michael CREEL, by and through his Guardian Ad Litem, Victor H. MORGAN, Jr., Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Employer, Defendant.

Court of Appeals of North Carolina.

August 6, 2002.

Attorney(s) appearing for the Case

Brumbaugh, Mu & King, P.A., by Richard A. Mu, Jacksonville, for plaintiff-appellant.

Attorney General Roy A. Cooper, III, by Assistant Attorney General Grady L. Balentine, Jr., for defendant-appellee.

HUNTER, Judge.

The issue presented by this case is whether, pursuant to the doctrine of respondeat superior, the North Carolina Department of Health and Human Services ("DHHS") may be held liable under the Tort Claims Act for the alleged negligent acts of licensed foster parents. The Industrial Commission answered the question in the negative. We affirm.

I. Facts and Procedural History

Burnest and Rita Gamble are licensed foster parents. Justin...

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