Epps v. Duke University, Inc.

SMITH, Judge.

In this appeal from the trial court’s denial of summary judgment, defendant appellant Dr. Russell Hjelmstad (hereinafter “Hjelmstad”) contends he is not individually liable to plaintiffs in tort, because of the doctrine of public official immunity. Defendant argues plaintiffs’ complaint is defective because it asserts a claim against a state officer acting in his official capacity. Therefore, defendant contends plaintiffs’ action is barred by public official immunity.

Plaintiffs argue denial of summary judgment was proper, due to this Court’s prior ruling in Epps v. Duke…