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FRALEY v. GRIFFIN

No. COA11-300.

720 S.E.2d 694 (2011)

Malinda FRALEY and David Fraley, Co-Administrators of the Estate of Atlas Fraley, Plaintiffs v. James GRIFFIN, in his individual capacity, Defendant.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

Twiggs, Beskind, Strickland & Rabenau, P.A., Raleigh, by Donald R. Strickland , Karen M. Rabenau , and Jesse H. Rigsby, IV , for plaintiff-appellees.

Teague Campbell Dennis & Gorham, L.L.P., Raleigh, by Henry W. Gorham , Carrie E. Meigs , and Leslie B. Price , for defendant-appellant.

Glenn, Mills, Fisher & Mahoney, P.A., Durham, by William S. Mills and Carlos Mahoney , for North Carolina Advocates for Justice, amicus curiae.

Walker, Allen, Grice, Ammons & Foy, L.L.P., Goldsboro, by Jerry A. Allen, Jr. , for The North Carolina Association of Rescue and EMS and North Carolina Association of EMS Administrators, amici curiae.

CALABRIA, Judge.

James Griffin ("defendant") appeals from the trial court's order denying defendant's motion for summary judgment on the basis of public official immunity. We affirm.

I. Background

On 12 August 2008, Atlas Fraley ("Atlas") returned home after a high school football practice and called 911. Atlas told the operator that he was seventeen years old and experiencing full body cramps and dehydration. He also told the dispatcher that...

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