Avant v. Sandhills Center for Mental Health, Developmental Disabilities & Substance Abuse Services

MARTIN, Judge.

A detailed factual and procedural history of this case is set forth in Avant v. Sandhills Center for Mental Health, (COA96-1081, unpublished opinion filed 5 August 1997) 127 N.C. App. 208, 490 S.E.2d 253 (1997). Briefly summarized, petitioner was employed by respondent as an “habilitation assistant” at respondent’s Mallard Lane Center in Rockingham, North Carolina; his duties included assisting in the care of five emotionally and/or physically disabled residents of Mallard Lane. On 10 April 1994 an incident occurred wherein petitioner was physically assisting a difficult…