Whitaker v. Clark

COZORT, Judge.

Plaintiff filed a wrongful death action against defendants to recover damages for the death of her son. Defendants are employees of the Davie County Department of Social Services (DSS). In their answer defendants asserted the defense of governmental immunity. Defendants then filed a motion for judgment on the pleadings, which was denied by the trial court. Defendants appeal. We find the plaintiff’s complaint contained allegations pertaining only to the defendants’ actions' or inactions in their official capacities with DSS and that defendants were entitled to judgment based on…