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MYERS v. McGRADY

No. COA04-973.

613 S.E.2d 334 (2005)

Gail M. MYERS, Ancillary Administratrix of the Estate of Darryl Myers, Plaintiff, v. Shirley McGRADY, Thomas W. Higgins, Michael P. Murphy, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Defendants, and Shirley McGrady, Thomas W. Higgins, James F. Foust, William A. Spencer, Jr., and Verian Ladson, Successor Representative for the Estate of J.C. Myers, Jr., Third-Party Plaintiffs, v. N.C. Division of Forest Resources, A Division of N.C. Department of Environment and Natural Resources, Third-Party Defendants.

Court of Appeals of North Carolina.

June 7, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Richard L. Harrison, for third-party-defendant-appellants.

Kennedy Covington Lobdell & Hickman, L.L.P., by F. Fincher Jarrell, Charlotte, for defendant-third-party-plaintiff-appellees James F. Foust and William A. Spencer, Jr.

Douglas F. DeBank, Durham, for defendant-third-party-plaintiff-appellee Verian Ladson, Successor Representative for the Estate of J.C. Myers.

Twiggs, Beskind, Strickland & Rabenau, P.A., by Donald R. Strickland and Jerome P. Trehy, Jr., Raleigh, for defendant-third-party-plaintiff-appellee Gail Myers.

The Derrick Law Firm, by Dirk J. Derrick, Conway, for defendant-third-party-plaintiff-appellee Gail Myers.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., by Steven M. Sartorio and Jamal A. Rhinehardt, Raleigh, for defendant-third-party-plaintiffs Shirley McGrady and Thomas W. Higgins.1

Yates, McLamb & Weyher, L.L.P., by Rodney E. Pettey, Raleigh, for defendant Michael P. Murphy.2

WYNN, Judge.

The public duty doctrine is an exception to the Tort Claims Act and shields the State from liability for negligence claims arising from the alleged failure of law enforcement to prevent misconduct by a third party and the alleged failure of a state agency to detect and prevent misconduct of a third party through improper inspections. Here, Third-Party Defendants North Carolina Division of Forest Resources and...

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