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GREENE v. CITY OF GREENVILLE

No. COA12-908.

736 S.E.2d 833 (2013)

Patty C. GREENE, Administratrix of the Estate of Billy Ray Greene, Plaintiff, v. The CITY OF GREENVILLE, North Carolina, A Municipal Corporation, Defendant.

Court of Appeals of North Carolina.

January 15, 2013.

Attorney(s) appearing for the Case

Edwards & Edwards, L.L.P., Greenville, by Joseph T. Edwards and Sharron R. Edwards , for plaintiff.

Troutman Sanders, LLP, Raleigh, by Gary S. Parsons , Gavin B. Parsons , and D. Kyle Deak , and the City of Greenville, by Assistant City Attorney, William J. Little, III , for defendants.

ELMORE, Judge.

On 9 April 2009, Patty C. Greene (plaintiff), executrix of the estate of Billy Rae Greene (the decedent), initiated this wrongful death action against the City of Greenville and the estate of Officer Campbell (defendants). On 21 September 2009, the trial court granted the Campbell Estate's motion to dismiss all claims against it in its individual capacity. Thereafter, defendants motioned for summary judgment, asserting that Officer Campbell's conduct...

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