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FARRELL EX REL. FARRELL v. TRANSYLVANIA COUNTY BD. OF EDUC.

No. COA08-310-02.

682 S.E.2d 224 (2009)

Sean FARRELL, minor By and Through his parents and legal guardians, William FARRELL and Suzanne Farrell; William Farrell, individually; and Suzanne Farrell, individually, Plaintiffs, v. TRANSYLVANIA COUNTY BOARD OF EDUCATION; Terry Holliday, former Superintendent of Transylvania County Schools in his official capacity; Patricia Morgan, former Principal of Brevard Elementary School, in her official capacity; Ron Kiviniemi, former Assistant Principal of Brevard Elementary School and Principal of Pisgah Forest Elementary School in his official capacity; Kathy Haehnel, Director of Federal Programs at Transylvania County Schools in her individual and official capacities; Donna Garvin, former special education teacher at Brevard Elementary School in her individual and official capacities; and Jane Wohlers, former teacher's aide at Brevard Elementary School in her individual and official capacities, Defendants.

Court of Appeals of North Carolina.

August 18, 2009.

Attorney(s) appearing for the Case

The Law Office of Stacey B. Bawtinhimer by Stacey B. Bawtinhimer, and The Foster Law Firm by Jeffery B. Foster, Ayden, for plaintiffs-appellees.

Roberts & Stevens, P.A. by Christopher Z. Campbell and Chad R. Donnahoo, Asheville, for Donna Garvin, defendant-appellant.

JACKSON, Judge.

Donna Garvin ("defendant") appeals the trial court's denial of her motion for summary judgment in an action brought against her and other defendants by William and Suzanne Farrell ("plaintiffs") related to the physical and emotional abuse of their son, Sean Farrell ("Sean") in defendant's special needs classroom. For the reasons stated below, we affirm.

This case previously has been appealed to this Court. In our 7 February 2006 opinion, we...

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