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MYERS v. BRYANT

No. COA07-285.

655 S.E.2d 882 (2008)

Wilson MYERS, Administrator of the Estate of Timothy James Tickle, and Cynthia Myers, Plaintiffs, v. Billy BRYANT, Sheriff of Lee County, North Carolina, and Lee County, North Carolina; and Fidelity and Deposit Company of Maryland, Defendants.

Court of Appeals of North Carolina.

February 5, 2008.

Attorney(s) appearing for the Case

West & Smith, LLP, by Stanley W. West, Southern Pines, for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, PLLC, by James R. Morgan and Bradley O. Wood, Winston-Salem, for defendant-appellant Bryant.

WYNN, Judge.

The "waiver of a sheriff's official immunity may be shown by the existence of his official bond as well as by his county's purchase of liability insurance."2 Here, Defendant Billy Bryant argues the trial court erred by denying him summary judgment on Plaintiffs' claims that were in excess of the amount of his official bond, because the county's liability insurance policy excludes coverage for Plaintiffs' claims. We agree with...

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