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

> Court of Appeals of North Carolina · August 6, 2002 · 152 N.C. App. 163

URL: https://www.frixlaw.com/law-library/cases/9579455

## Case

- **Full name:** KAWAI AMERICA CORPORATION and PIEDMONT MUSIC, INC. D/B/A NORTH CAROLINA ARTISAN SELECT, Plaintiffs v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL, Defendant
- **Court:** Court of Appeals of North Carolina
- **Decided:** August 6, 2002
- **Citations:** 152 N.C. App. 163; 567 S.E.2d 215; 2002 N.C. App. LEXIS 887
- **Precedential status:** Published
- **Opinion:** Concurrence by Greene
- **Judges:** Hudson, Biggs, Greene
- **Cited by:** 32 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/9579455

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9579455. Public record. Not legal advice.