Estate of Fennell Ex Rel. Fennell v. Stephenson

GREENE, Judge.

The Estate of Kenneth B. Fennell, by and through its administrator, Annie B. Fennell, and Annie B. Fennell (collectively, Plaintiffs) appeal an order filed 15 February 1999 granting a motion by Richard L. Stephenson, in his personal and official capacity (Defendant), to dismiss Plaintiffs’ claims against Defendant, and an order filed 15 February 1999 granting a motion by the North Carolina State Highway Patrol (Highway Patrol) to dismiss Plaintiffs’ claims against the Highway Patrol.

The evidence shows that on 30 August 1993 at 7:00 p.m., Kenneth B. Fennell (Fennell), a…