Opinion

Kawai America Corp. v. University of North Carolina at Chapel Hill

  • 152 N.C. App. 163
  • 567 S.E.2d 215
  • 2002 N.C. App. LEXIS 887
Court
Court of Appeals of North Carolina
Filed
Aug 6, 2002
Status
Published
Author
Greene
On the bench
Hudson, Biggs, Greene
Cited by
32 cases

stating UNC-CH “is a state agency to which the doctrine of sovereign immunity applies”

How later courts described this case

  • stating UNC-CH “is a state agency to which the doctrine of sovereign immunity applies”
  • North Carolina’s Tort Claims Act does not waive sovereign immunity for intentional torts
  • “This Court has repeatedly held that appeals raising issues of governmental or sovereign immunity affect a substantial right sufficient to warrant immediate appellate review.” (quotation marks and citation omitted)
  • “The University [of North Carolina at Chapel Hill] is a state agency to which the doctrine of sovereign immunity applies. Therefore, unless the University consented to suit or waived its immunity regarding these claims, the claims are barred.” (citations omitted)

Written by the judges who cited it.

The opinion

GREENE, Judge,

concurring.

I fully concur in the majority opinion but write separately to clarify the issue of plaintiffs’ “damage to property” claim.

While plaintiffs’ “damage to property” claim seeks recovery for damage done to the pianos while in the University’s possession and is based on the contract provision wherein the University assumed the risk of any loss to the pianos, their “breach of contract” claim also seeks damages; but these damages are for breach of the contract provision holding the University responsible for the wrongful withholding of the pianos. As the two claims represent separate issues arising under the contract, the University’s sovereign immunity defense does not apply to either.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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