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ARRINGTON v. MARTINEZ

No. COA10-1204.

716 S.E.2d 410 (2011)

Christie ARRINGTON as Administrator of the Estate of Nyles Arrington and Christie Arrington, individually, Plaintiffs, v. Rosalinda MARTINEZ, as owner of La Rosa Linda's Mexican Restaurant, Michelle Peele, individually, in her official capacity as an officer of the Raleigh Police Department, and in her capacity as a security guard with La Rosa Linda's Mexican Restaurant, City of Raleigh, and Raleigh Police Department, Defendants.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

The Key Law Firm, Lillington, by Mark A. Key , for plaintiff-appellees.

City of Raleigh Attorney Thomas A. McCormick , by Deputy City Attorney Dorothy K. Leapley and Hunt K. Choi , for defendant-appellant, City of Raleigh.

STROUD, Judge.

The City of Raleigh ("defendant") appeals from a trial court's order granting in part its motion for summary judgment but denying its "motion for summary judgment . . . based on immunity[.]" For the following reasons, we reverse and remand the trial court's order.

I. Background

Plaintiff, individually and as an administrator of Nyles Arrington's estate, filed a complaint against Rosalinda...

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