Legal Opinion

Kelly v. Polk Cnty.

Court of Appeals of North Carolina

Decided February 6, 2018No. COA17-832PublishedCited by 1 opinion

1Opinion of the Court

ZACHARY, Judge.

Plaintiff Ricky D. Kelly, as Administrator of the Estate of Patrick Craig Kelly, appeals from the trial court's order granting defendants' motion to dismiss plaintiff's wrongful death and negligence actions for failure to state a claim upon which relief can be granted. We affirm.

Factual and Procedural Background

On 10 February 2017, the Estate of Patrick Craig Kelly ("plaintiff") filed a complaint alleging claims for negligence and wrongful death against Polk County, the Polk County Sheriff's Office, Polk County Sheriff Donald J. Hill in his official capacity, and Polk County…

2Cases cited23 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Stanback v. StanbackSupreme Court of North Carolina · 1979
  3. Meyer v. WallsSupreme Court of North Carolina · 1997
  4. Braswell v. BraswellSupreme Court of North Carolina · 1991
  5. Isenhour v. HuttoSupreme Court of North Carolina · 1999

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3Cited by1 opinion

  1. SUTTON v. ROCKINGHAM COUNTYDistrict Court, M.D. North Carolina · 2023

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