Whitaker v. Town of Scotland Neck

EAGLES, Chief Judge.

Donald and Thomas Whitaker (“plaintiffs”) appeal from summary judgment in favor of the Town of Scotland Neck (“defendant”). Plaintiffs are co-administrators of the estate of Carlton Whitaker (“decedent”). Charles Hasty, the town’s Safety Director, and Douglas Braddy, the town’s Public Works Superintendent, were also named as defendants. On appeal, plaintiffs assert one assignment of error: that the trial court erred in granting defendant’s motion for summary judgment. After careful review of the record, briefs, and arguments by counsel, we agree and reverse and remand for…