ROLAN v. DEPT. OF AGRIC. & CONSUMER SERVS.

No. COA13-601.

756 S.E.2d 788 (2014)

Jeff ROLAN ; Matthew Cole Rolan, Minor, by William S. Mills as Guardian Ad Litem; Matthew Baldwin, Minor, by Sidney S. Eagles, Jr., as Guardian Ad Litem and Timothy Baldwin and Kellie Baldwin; Isabel Severa, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and Kathleen Severa; William Shy, Minor, by Sidney S. Eagles, Jr., as Guardian Ad Litem and Todd Shy and Jennifer Shy; Scott Venable, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and William Venable and Susan Venable; Carter Church, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and Chad Church and Amanda Church; Luke Chauvin, Minor, by Sidney S. Eagles, Jr., as Guardian Ad Litem and Keith Chauvin and Jennifer Chauvin; Chad Ennis, Minor, by Sidney S. Eagles, Jr., as Guardian Ad Litem and Jayson Ennis and Wendy Ennis; Kathleen Maness, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and Michael Maness and Rebecca Maness; Carson McGee, Minor, by Sidney S. Eagles, Jr., as Guardian Ad Litem and Mike McGee and Vickie McGee; Terra Perrigo, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and Terry Perrigo and Laura Perrigo; Cameron Chauvin, Minor, by Sidney S. Eagles, Jr.[,] as Guardian Ad Litem and Keith Chauvin and Jennifer Chauvin; Aedin Gray, Minor, by William W. Plyler as Guardian Ad Litem; Kyle Gray; Elizabeth Gray; and Reece C. Buffaloe, Minor, by Wade H. Paschal, Jr.[,] as Guardian Ad Litem, Plaintiffs, v. N.C. DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Defendant.

Court of Appeals of North Carolina.

April 1, 2014.


Attorney(s) appearing for the Case

Roberts & Stevens, P.A., Asheville, by Mark C. Kurdys and Robin A. Seelbach ; Kirby & Holt, Inc., Raleigh, by William B. Bystrynski and David F. Kirby ; Pulley Watson King & Lischer, P.A., by Charles F. Carpenter and Guy Crabtree ; Moody, Williams & Roper, Durham, by C. Todd Roper ; and Marler Clark, LLP, PS, by William D. Marler , for Plaintiffs.

Attorney General Roy Cooper , by Associate Attorney General Christopher McLennan ; and North Carolina Department of Agriculture and Consumer Services, by Tina L. Hlabse , for Defendant.


STEPHENS, Judge.

Factual Background and Procedural History

This case arises from an Escherichia coli 0157.-H7 ("E. coli") outbreak linked by the North Carolina Department of Health and Human Services and the Centers for Disease Control to a petting zoo operated during the 2004 North Carolina State Fair ("the Fair"). E. coli is a bacterium that can cause potentially life-threatening illness in humans. Children under five years...

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