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WHITAKER v. DEPT. OF HUMAN RESOURCES

No. COA95-164.

468 S.E.2d 404 (1996)

121 N.C. App. 602

Ginger York WHITAKER (RUTLEDGE), Administratrix of the Estate of Jonathan Wesley Whitaker, a Minor, Plaintiff, v. NC DEPARTMENT OF HUMAN RESOURCES, SOCIAL SERVICES COMMISSION, Defendant.

Court of Appeals of North Carolina.

February 20, 1996.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Special Deputy Attorney General, Gayl M. Manthei, and Assistant Attorney General D. Sigsbee Miller, for defendants appellees.

Hall, Vogler & Fleming by E. Edward Vogler, Jr. and Beverly S. Murphy, Mocksville, for plaintiff appellant.

ARNOLD, Chief Judge.

Plaintiff argues that the Commission erred by granting defendant's motion for summary judgment. We agree.

In Vaughn v. Dept. of Human Resources, 296 N.C. 683, 252 S.E.2d 792 (1979), the North Carolina Supreme Court found an agency relationship between the DHR and the Durham County DSS and allowed the plaintiff to recover on the theory of negligence. Plaintiff brought...

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