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ESTATE OF LONG v. FOWLER

No. 303A20.

861 S.E.2d 686 (2021)

2021-NCSC-81

ESTATE OF Melvin Joseph LONG, BY AND THROUGH Marla Hudson LONG, Administratrix v. James D. FOWLER, Individually, David A. Matthews, Individually, Dennis F. Kinsler, Individually, Robert J. Burns, Individually, Michael T. Vancour, Individually, and Michael S. Scarborough, Individually.

Supreme Court of North Carolina.

Filed August 13, 2021.

Attorney(s) appearing for the Case

Hardison & Cochran, PLLC, by John Paul Godwin ; and Sanford Thompson, PLLC, by Sanford Thompson IV , Edenton, for plaintiff-appellee.

Parker Poe Adams & Bernstein LLP, Raleigh, by Jonathan E. Hall and Patrick M. Meacham ; and Joshua H. Stein , Attorney General, by Melissa K. Walker , Assistant Attorney General, Shannon Cassell , Civil Bureau Chief, and Sarah G. Boyce , Deputy Solicitor General, for defendant-appellants.

¶ 1 This case raises the question of whether the estate of an individual killed by the allegedly negligent acts of State employees can proceed in state court to assert wrongful death claims against those employees in their individual capacities or whether such a suit is barred by the doctrine of sovereign immunity. Following...

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