Legal Opinion

Estate of Earley Ex Rel. Earley v. Haywood County Department of Social Services

Court of Appeals of North Carolina

Decided June 9, 2010No. COA09-1558PublishedCited by 38 opinions

1Opinion of the Court

WYNN, Judge.

“Summary judgment is appropriate whenever the movant establishes a complete defense to the [plaintiffs] claim.” 1 Here, Defendant presented evidence showing that the doctrine of governmental immunity provided a complete defense against Plaintiffs claim. As such, we reverse the order of the trial court and remand for the entry of summary judgment in Defendant’s favor.

On 4 November 2006, Adrianna Earley died as a result of ingesting prescription pills belonging to her mother, Heather Lacey. On 28 December 2007, Plaintiff, Adrianna’s father and the administrator of her estate, filed…

2Cases cited18 opinions

  1. Forbis v. NealSupreme Court of North Carolina · 2007
  2. Woods v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1978
  3. North Carolina Department of Transportation v. PageCourt of Appeals of North Carolina · 1995
  4. Hare v. ButlerCourt of Appeals of North Carolina · 1990
  5. McCallum v. North Carolina Cooperative Extension Service of N.C. Carolina State UniversityCourt of Appeals of North Carolina · 2001

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3Cited by38 opinions

  1. David Evans v. Patrick BakerCourt of Appeals for the Fourth Circuit · 2012
  2. Melissa Knibbs v. Anthony Momphard, Jr.Court of Appeals for the Fourth Circuit · 2022
  3. Hart v. BrienzaCourt of Appeals of North Carolina · 2016
  4. Russ v. CauseyDistrict Court, E.D. North Carolina · 2010
  5. Owen v. Haywood CountyCourt of Appeals of North Carolina · 2010

33 more not listed; retrieve them via the Exa API.

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