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ESTATE OF EARLEY EX REL. EARLEY v. HAYWOOD COUNTY DSS

No. COA09-1558.

694 S.E.2d 405 (2010)

The ESTATE OF Adrianna Lynn EARLEY, by and through her Administrator, Joey L. EARLEY, Plaintiff, v. HAYWOOD COUNTY DEPARTMENT OF SOCIAL SERVICES and Tony Beaman, Director, Defendants.

Court of Appeals of North Carolina.

Publication Ordered June 9, 2010.

Attorney(s) appearing for the Case

Melrose, Seago & Lay, P.A., by Randal Seago, Sylva, for plaintiff appellee.

Womble Carlyle Sandridge & Rice, PLLC, by James R. Morgan, Jr., and Christopher J. Geis, Winston-Salem, for defendant appellant.

WYNN, Judge.

"Summary judgment is appropriate whenever the movant establishes a complete defense to the [plaintiff's] claim."1 Here, Defendant presented evidence showing that the doctrine of governmental immunity provided a complete defense against Plaintiff's claim. As such, we reverse the order of the trial court and remand for the entry of summary judgment in Defendant's favor.

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