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SMITH v. HEATH

No. COA10-501.

703 S.E.2d 194 (2010)

Kevin James SMITH, Plaintiff, v. Christopher Bruce HEATH, in his official capacity as a Deputy of Lenoir County Sheriff's Department William E. Smith as Sheriff of Lenoir County Sheriff's Department and Lenoir County Sheriff's Department, a body politic, Defendant.

Court of Appeals of North Carolina.

December 7, 2010.

Attorney(s) appearing for the Case

Mako & Associates, P.A., by Garron T. Michael and Sue E. Mako , Wilmington, for plaintiff-appellee.

Frazier, Hill, & Fury, RLLP, Greensboro, by Torin L. Fury and William L. Hill , for defendant-appellant.

STEELMAN, Judge.

Defendant's appeal of the trial court's denial of his summary judgment motion is dismissed for lack of a sufficient record on appeal.

I. Factual and Procedural Background

On 26 March 2008, Kevin James Smith ("plaintiff") and another prisoner were being transported by Christopher Bruce Heath ("Heath"), a deputy sheriff with the Lenoir County Sheriff's Department, from Lenoir County to the State Correctional Facilities in Hyde...

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