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MULTIPLE CLAIMANTS v. NORTH CAROLINA DHSS

No. 183A06.

646 S.E.2d 356 (2007)

MULTIPLE CLAIMANTS v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF FACILITY SERVICES, JAILS AND DETENTION SERVICES.

Supreme Court of North Carolina.

June 28, 2007.

Attorney(s) appearing for the Case

Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., by Benjamin E. Baker, Jr., Montgomery, AL, for plaintiff-appellees.

Roy Cooper, Attorney General, by Amar Majmundar, Special Deputy Attorney General, for defendant-appellant.

TIMMONS-GOODSON, Justice.

At the heart of this case is a fire at the Mitchell County jail that resulted in injury and loss of life. The question before us concerns the application of the public duty doctrine to the statutorily-imposed duty of the Department of Health and Human Services ("DHHS" or "defendant") to inspect local confinement facilities. Because we conclude that the special relationship exception to the public...

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