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ESTATE OF McKENDALL v. WEBSTER

No. COA07-1451.

672 S.E.2d 768 (2009)

Estate of Shennel McCrimon McKENDALL, Lawrence and Joyce McCrimon, Administrators, and Janay White, Plaintiffs, v. Richard WEBSTER, in his official capacity as Sheriff of Chatham County, and Western Surety, as Surety for Sheriff Webster, Defendants.

Court of Appeals of North Carolina.

March 3, 2009.

Attorney(s) appearing for the Case

Alan McSurely, Chapel Hill, for plaintiff-appellees.

Frazier, Hill & Fury RLLP, by William L. Hill and Torin L. Fury, Greensboro, for defendant-appellants.

STEELMAN, Judge.

Issues that implicate the public duty doctrine involve a substantial right that is immediately appealable. Under the attendant circumstances, the trial court properly denied defendants' motion to dismiss the complaint as it relates to a promise to seize McKendall's weapons.

I. Factual and Procedural Background

Plaintiffs' complaint alleges that on 15 November 2004, the District Court of Chatham County entered a domestic violence...

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