ESTATE OF BURGESS v. Hamrick

HUNTER, Robert C., Judge.

Defendants appeal from the trial court’s order denying their motion for summary judgment. After careful review, we reverse and remand.

Background

On the evening of 12 October 2007, Cleveland County Sheriff’s Deputy Paul Leigh (“Deputy Leigh”) responded to an alleged incident of domestic violence at 210 Cedar Street in Shelby, North Carolina. When Deputy Leigh arrived at the scene, he spoke with Frances Burgess (“plaintiff’) in her driveway concerning her call to the police. Plaintiff claimed that her husband, Harry Burgess (“Mr. Burgess”), was intoxicated and had hit…