# Smith v. State

> Court of Appeals of North Carolina · May 16, 1978 · 36 N.C. App. 307

URL: https://www.frixlaw.com/law-library/cases/6734074

## Case

- **Full name:** C. CAPERS SMITH v. STATE OF NORTH CAROLINA, JAMES HOLSHOUSER, Governor JOE K. BYRD, Chairman, State Board of Mental Health RALPH SCOTT, Chairman, Advisory Budget Commission DAVID T. FLAHERTY, Individually and as Sectretary of Human Resources N. P. ZARZAR, Individually and as Commissioner, Department of Mental Health TREVOR G. WILLIAMS, Individually and as Superintendent of Broughton Hospital
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 16, 1978
- **Citations:** 36 N.C. App. 307; 244 S.E.2d 161; 1978 N.C. App. LEXIS 2471
- **Precedential status:** Published
- **Opinion:** Dissent by Vaughn
- **Judges:** Parker, Vaughn, Webb
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6734074

## Opinion text

Judge VAUGHN
dissenting.
In my opinion, the entry of a directed verdict against the plaintiff was proper and should be affirmed because, among other reasons, the Secretary of the Department of Human Resources had authority to terminate plaintiff’s services and plaintiff’s evidence fails to show the absence of just cause for that termination.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6734074. Public record. Not legal advice.