# Talian v. City of Charlotte

> Court of Appeals of North Carolina · May 1, 1990 · 98 N.C. App. 281

URL: https://www.frixlaw.com/law-library/cases/9586598

## Case

- **Full name:** MINNA SUSAN GOLDBERG TALIAN, Administratrix of the Estate of SHERRI LYNN GOLDBERG, and DANA KING, Plaintiffs v. THE CITY OF CHARLOTTE, a Municipal Corporation, Defendant
- **Court:** Court of Appeals of North Carolina
- **Decided:** May 1, 1990
- **Citations:** 98 N.C. App. 281; 390 S.E.2d 737; 1990 N.C. App. LEXIS 413
- **Precedential status:** Published
- **Opinion:** Dissent by Phillips
- **Judges:** Sara Elizabeth Parker
- **Cited by:** 8 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/9586598

## Opinion text

Judge Phillips
dissenting.
In my opinion the decisive point in the case is that in December, 1982 the City determined that the intersection was unsafe, but had not made the correction authorized eighteen months later when plaintiffs intestate was killed. Having made the determination the excuse of discretion is irrelevant. The question properly posed by the record is whether between the determination that additional signals were necessary and the accident more than a reasonable time went by without the improvement being made. In my opinion the question is one of fact that should have been submitted to the jury.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9586598. Public record. Not legal advice.