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ECKARD v. SMITH

No. COA02-1379.

603 S.E.2d 134 (2004)

Eunice C. ECKARD, Executrix of the Estate of Steven Vincent Eckard, Deceased, and State of North Carolina, ex. rel., Eunice C. Eckard, Executrix of the Estate of Steven Vincent Eckard, Deceased, Plaintiffs, v. Chanae Evon SMITH, Mark Stephen McCollum, Steve Wallace, Phillip H. Redmond, Sheriff of Iredell County, Hartford Fire Insurance Company, and Iredell County, Defendants.

Court of Appeals of North Carolina.

October 5, 2004.

Attorney(s) appearing for the Case

Starnes and Killian, PLLC, by Wesley E. Starnes, Hickory; and Wilson, Lackey & Rohr, P.A., by David S. Lackey, Lenoir, for plaintiffs-appellants.

Kennedy Covington Lobdell & Hickman, LLP, by Wayne P. Huckel and Christopher L. Ekman, Charlotte, for defendants-appellees McCollum, Wallace, Redmond, Hartford Fire Insurance Company and Iredell County.

H. Brent Helms, for unnamed defendant-appellee.

BRYANT, Judge.

Eunice C. Eckard, plaintiff-executrix of Steven Vincent Eckard's (Mr. Eckard's) estate, appeals from two orders entered 5 June 2001 and 17 April 2002 granting summary judgment: one entered in favor of the law enforcement defendants Lt. McCollum, Chief Deputy Wallace, Sheriff Redmond, Iredell County and Hartford Fire Insurance Company (Iredell defendants); and the other entered in favor of the unnamed defendant uninsured motorist (UM) carrier, Indemnity...

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