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PATRICK v. NORTH CAROLINA DHHS

No. COA07-1515.

666 S.E.2d 171 (2008)

Michael W. PATRICK, Guardian Ad Litem and Guardian of the Estate of J.D., Minor Child, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

Court of Appeals of North Carolina.

September 16, 2008.

Attorney(s) appearing for the Case

Holtkamp Law Firm, by Lynne M. Holtkamp, Chapel Hill, for Plaintiff-Appellee.

Attorney General Roy Cooper, by Assistant Attorney General Tina L. Hlabse, for Defendant-Appellant.

STEPHENS, Judge.

Defendant North Carolina Department of Health and Human Services ("DHHS") appeals the North Carolina Industrial Commission's order denying DHHS's motion to dismiss an action brought by J.D., through her guardian ad litem Michael Patrick ("Plaintiff"), pursuant to the North Carolina State Tort Claims Act, N.C. Gen.Stat. §§ 143-291 to -300.1A (2007). DHHS asserts that Plaintiff's claim is barred by public official immunity. We disagree...

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