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LOVELACE v. CITY OF SHELBY

No. COA01-1381.

570 S.E.2d 136 (2002)

Sharon Lynn LOVELACE, Administratrix of the Estate of Shayla Meagen Moore, and Sharon Lynn Lovelace, Individually, Plaintiff-Appellee, v. CITY OF SHELBY and Thomas Lowell Lee, Defendants-Appellants.

Court of Appeals of North Carolina.

October 15, 2002.

Attorney(s) appearing for the Case

Deaton & Biggers, P.L.L.C. by W. Robinson Deaton, Jr. and Brian D. Gulden; and Flowers, Martin & Moore, P.A. by Fred A. Flowers, Shelby, for plaintiff-appellee.

Stott, Hollowell, Palmer & Windham, LLP by Martha Raymond Thompson, and Heather Graham Conner, Gastonia, for defendant-appellant City of Shelby.

Horn, Pack & Brown, P.A., by Becky J. Brown, Shelby, for defendant-appellant Thomas Lowell Lee.

McGEE, Judge.

Sharon Lynn Lovelace (plaintiff) filed a complaint on 5 November 1997, both as the representative of the estate of her deceased minor child, Shayla Meagen Moore (decedent), and individually, seeking damages from the City of Shelby and Thomas Lowell Lee (collectively defendants) for the wrongful death of decedent and for negligent infliction of emotional distress. Defendant Lee (Lee) filed an answer and motion to dismiss on 15 January 1998 pursuant to...

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