GREEN v. KEARNEY

No. COA09-787.

690 S.E.2d 755 (2010)

Larry Donnell GREEN, by and through his Guardian ad Litem, Sharon Crudup; Larry Alston, Individually; Ruby Kelly, Individually, Plaintiffs, v. Wade R. KEARNEY, II; Paul Kilmer; Katherine Elizabeth Lamell; Pamela Ball Hayes; Ronnie Wood; Phillip Grissom, Jr.; Dr. J.B. Perdue, individually, and in his official capacity as Medical Examiner of Franklin County; Louisburg Rescue and Emergency Medical Services, Inc.; Franklin County Emergency Medical Services, Epsom Fire and Rescue Association, Inc.; and Franklin County, North Carolina, a body politic, Defendants.

Court of Appeals of North Carolina.

April 6, 2010.


Attorney(s) appearing for the Case

Bell & Vincent-Pope, P.A., by Judith M. Vincent-Pope, Cary, for plaintiffs-appellees.

Attorney General Roy Cooper, by Special Deputy Attorney General Mabel Y. Bullock and J.P. Williamson, Jr., Louisburg, for defendant-appellant.


HUNTER, ROBERT C., Judge.

Doctor J.B. Perdue ("Perdue") appeals from the trial court's denial of his motion to dismiss the complaint filed by Larry Donnell Green ("Green"), by and through his Guardian ad Litem, Sharon Crudup, Larry Alston, and Ruby Kelly (collectively "plaintiffs"), which was brought pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of Civil Procedure on the basis of sovereign immunity. After careful review, we decline to address defendant...

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