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CLAYTON v. BRANSON

No. COA02-65.

570 S.E.2d 253 (2002)

John Andrew CLAYTON, III, Plaintiff, v. T.H. BRANSON, individually and in his official capacity, The Greensboro Police Department, and the City of Greensboro, Defendants.

Court of Appeals of North Carolina.

October 15, 2002.

Attorney(s) appearing for the Case

Harold F. Greeson, Greensboro, for plaintiff-appellee.

Fred T. Hamlet, Greensboro, for defendants-appellants.

Pinto Coates Kyre & Brown, PLLC, by Paul D. Coates and Brady A. Yntema, Greensboro, for unnamed defendant-appellee.

TYSON, Judge.

John A. Clayton, III, (plaintiff) sued T.H. Branson, (Branson), the Greensboro Police Department (defendant police) and the City of Greensboro (defendant city) for negligently injuring plaintiff and negligent construction and installation of prisoner shields in the police cars. Defendants asserted governmental immunity on the grounds that all of the alleged actions were within the performance of a governmental function and there was no waiver of immunity...

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