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BAKER v. SMITH

No. COA12-560.

737 S.E.2d 144 (2012)

Kenneth W. BAKER, Jr., as Administrator of the Estate of Keith Allen Baker, Plaintiff, v. Carson H. SMITH, Jr., in his official capacity as Sheriff of Pender County, Glenda Simpson, individually and officially, Fidelity and Deposit Company Of Maryland, as surety, New Hanover Regional Medical Center and Dr. Patrick Martin, M.D., d/b/a Patrick Martin & Associates, Defendants.

Court of Appeals of North Carolina.

December 18, 2012.

Attorney(s) appearing for the Case

Tin Fulton Walker & Owen, PLLC, Charlotte, by S. Luke Largess , for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, LLP by Christopher J. Geis , Sonny S. Haynes , Winston-Salem , and Kristen Y. Riggs , Raleigh, for defendant-appellant Glenda Simpson.

Edmond W. Caldwell, Jr. and Julie B. Smith , for North Carolina Sheriffs' Association.

North Carolina Prisoner Legal Services by Mary S. Pollard and Twiggs, Strickland & Rabenau, P.A. by Jesse H. Rigsby, IV , for North Carolina Advocates for Justice.

STROUD, Judge.

I. Procedural History

On or about 21 May 2010, Kenneth Baker, Jr., acting as administrator for his brother's estate, ("plaintiff") filed a complaint in Pender County alleging that New Hanover Medical Center and Dr. Patrick Martin negligently released Keith Baker ("decedent") from involuntary commitment and thereby caused his death. The complaint also alleged that Pender County Sheriff Carson Smith and Assistant Jailer Glenda Simpson negligently...

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