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GREENE v. BARRICK

No. COA08-1358.

680 S.E.2d 727 (2009)

Ann B. GREENE, in her capacity as wife of Ted D. Horton and as Administratrix of the Estate of Ted D. Horton, and State of North Carolina, ex rel., Ann B. Greene, individually and as Administratrix of the Estate of Ted D. Horton, Plaintiffs, v. Benjamin Thomas BARRICK, Tom Barrick, Robert Twomey, Brad Barrick, Scott Whaley, Netstar Air Rescue, Inc. d/b/a Northeast Tennessee Search & Tactical Air Response, Jerry W. Jones, in his official capacity as Sheriff of Franklin County, North Carolina and individually, Franklin County, North Carolina, Franklin County Sheriff's Office, Western Surety Company, Southeastern Helicopters, Inc., Keith A. Svadba, and Thomas M. Jones, Defendants.

Court of Appeals of North Carolina.

August 4, 2009.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by F. Hill Allen, Raleigh, for plaintiffs-appellants.

Frazier, Hill & Fury, RLLP, by William L. Hill and Torin L. Fury, Greensboro, for Franklin County Sheriff's Office and Jerry Jones, defendants-appellees.

Ortiz & Schick, PLLC, by Michael R. Ortiz and Melinda C. Hemphill, Raleigh, for defendant-appellee, Benjamin Barrick in his official capacity.

JACKSON, Judge.

Ann B. Greene ("plaintiff") appeals the 9 June 2008 order granting summary judgment, in part, in favor of, inter alia, Benjamin Thomas Barrick in his official capacity ("Barrick"), Sheriff Jerry Jones in his official and individual capacities ("Sheriff Jones"), Franklin County Sheriff's Office ("the sheriff's office"), and Western Surety Company ("Western") (collectively "defendants"). For the reasons stated below, we affirm.

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