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MULTIPLE CLAIMANTS v. NC DEPT. OF HEALTH

No. COA04-808.

626 S.E.2d 666 (2006)

MULTIPLE CLAIMANTS, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Jails and Detention Services, Defendant.

Court of Appeals of North Carolina.

March 7, 2006.

Attorney(s) appearing for the Case

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., by Benjamin E. Baker, Jr., Montgomery, AL; Grimes & Teich, by Henry E. Teich, Asheville; William Hixon; Elmore, Elmore & Williams, P.A., by Bruce A. Elmore, Jr., Asheville; C. Gary Triggs, Morganton; Byrd, Byrd, Ervin, Whisnant & McMahon, P.A., by Robert K. Denton and Lawrence D. McMahon, Jr., Morganton; Anderson Law Firm, P.A., by Scott M. Anderson, Greenville, SC, for plaintiffs-appellees.

Attorney General Roy Cooper, by Special Deputy Attorney General David Roy Blackwell, Special Deputy Attorney General Melissa L. Trippe, Special Deputy Attorney General Amar Majmundar, and Assistant Attorney General Richard L. Harrison, for defendant-appellant.

GEER, Judge.

Defendant North Carolina Department of Health and Human Services ("DHHS") appeals from an order of the North Carolina Industrial Commission denying its motion to dismiss based on the public duty doctrine. Plaintiffs' claims under the State Tort Claims Act arose out of a fire on 3 May 2002 at the Mitchell County jail. The fire claimed the lives of inmates Jason Jack Boston, Mark Halen Thomas, Jesse Allen Davis...

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