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PROPST v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. COA13-1072.

758 S.E.2d 892 (2014)

Gretchen J. PROPST, Plaintiff, North Carolina v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

Court of Appeals of North Carolina.

June 3, 2014.

Attorney(s) appearing for the Case

Rabon Law Firm, PLLC, Charlotte, by Charles H. Rabon, Jr. , and Marshall P. Walker , for plaintiff-appellant.

Attorney General Roy A. Cooper, III , by Special Deputy Attorney General Olga Vysotskaya , for the State.

STROUD, Judge.

Gretchen Propst ("plaintiff") appeals from an order entered 18 May 2012 by the Full Commission granting summary judgment in favor of the North Carolina Department of Health and Human Services ("defendant"). We affirm.

I. Background

Plaintiff filed a claim for damages under the Tort Claims Act on 9 September 2008. In that claim, she alleged that Dr. Bruce Flitt, the Gaston County Medical Examiner, negligently failed to perform his duties...

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