(DOWNLOAD) "Dempsey v. Halford" by North Carolina Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Dempsey v. Halford
- Author : North Carolina Court of Appeals
- Release Date : January 05, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Published opinion Robert Dempsey (""plaintiff""), a former Polk County EMS paramedic, brought this action for libel and slander against the Polk County EMS director, Sandra Halford, and the Polk County EMS Medical Director, Alison VanFrank (collectively ""defendants""). Defendants filed a motion for summary judgment, asserting the grounds of public official immunity, qualified privilege and statutory privilege. By order dated 17 July 2006, the trial court denied defendants' motion. Defendants appeal. On appeal, defendants argue that plaintiff failed to establish actual malice as to either defendant, therefore entitling both to summary judgment on the basis of public official immunity. Thetrial court's denial of a motion for summary judgment is an interlocutory order from which an appeal generally cannot immediately be taken. Lovelace v. City of Shelby, 153 N.C. App. 378, 381, 570 S.E.2d 136, 138 (2002). Orders denying summary judgment based on public official immunity, however, affect a substantial right and are immediately appealable. Taylor v. Ashburn, 112 N.C. App. 604, 606, 436 S.E.2d 276, 278 (1993). Accordingly, we address only the issue of whether plaintiff's claims are barred by public official immunity. We will not consider defendants' arguments based on privilege.
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