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ESTATE OF BURGESS v. HAMRICK

No. COA09-1690.

698 S.E.2d 697 (2010)

The ESTATE OF Harry Kay BURGESS, Jr., by the Executrix of his Estate Frances Louise BURGESS, and Frances Louise Burgess, in her individual capacity, Plaintiffs, v. Raymond HAMRICK, in his official capacity as Cleveland County Sheriff, Paul Leigh, in his individual and official capacity as a Sheriff's Deputy of Cleveland County, Liberty Mutual Group d/b/a Liberty Mutual Insurance Company, Defendants.

Court of Appeals of North Carolina.

August 3, 2010.

Attorney(s) appearing for the Case

The Bumgardner Law Firm, by Thomas D. Bumgardner , for plaintiffs-appellees.

Womble Carlyle Sandridge & Rice, PLLC, by Sean F. Perrin , for defendants-appellants.

HUNTER, ROBERT C., Judge.

Defendants appeal from the trial court's order denying their motion for summary judgment. After careful review, we reverse and remand.

Background

On the evening of 12 October 2007, Cleveland County Sheriff's Deputy Paul Leigh ("Deputy Leigh") responded to an alleged incident of domestic violence at 210 Cedar Street in Shelby, North Carolina. When Deputy Leigh arrived at the scene, he spoke with Frances Burgess ("plaintiff...

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