Upchurch v. McDowell County 911 (Per Curiam Opinion)
Annotate this CaseJoe Mallory called McDowell County 911 to request assistance, reporting that a man was threatening to kick in his door and harm him. A dispatcher took Mallory's call. After the Dispatcher learned the man had left Mallory's home, Dispatcher explained to Mallory there was no longer a need for a trooper to come to his home. A trooper did not travel to Mallory's home, and Mallory did not call for further assistance. It was later determined that the threatening man had robbed and killed Mallory. The administratrix of Mallory's estate (Plaintiff) filed a wrongful death action against the dispatcher and McDowell County 911 (collectively, McDowell County 911), among others. The circuit court granted summary judgment to McDowell County 911, concluding that County 911 did not owe a special duty of care to Mallory. The Supreme Court affirmed, holding that the circuit court correctly awarded summary judgment to McDowell County 911 because Plaintiff failed to establish that they owed a special duty of care to Mallory.
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