Case law

McNeill v. Durham County ABC Board

87 N.C. App. 50 · Court of Appeals of North Carolina · Sep 1, 1987

Radtke, a neurologist who treated plaintiff, was not qualified to give an opinion as to the angle and force of the blow to plaintiffs head is likewise meritless. Dr. … likewise waive their immunity by purchasing such insurance.

Walker v. Wake Cty. Sheriff's Dep't

Court of Appeals of North Carolina · Aug 2, 2022

¶ 14 Sheriff Defendants have failed to establish that, based solely on the pleadings and as a matter of law, qualified privilege precludes liability for Curry’s email to Crump. … “[A] defendant seeking to establish public official immunity must demonstrate that all three of [these] factors are present.” McCullers v. Lewis, 265 N.C.

Satorre v. New Hanover County Board of Commissioners

165 N.C. App. 173 · Court of Appeals of North Carolina · Jul 6, 2004

The County retained a qualified industrial hygienist to investigate the indoor air quality at the Courthouse and to supervise remediation of any problem areas. … Doe clearly holds that operation of a courthouse pursuant to statute is a governmental function. Doe, 144 N.C. App. at 134 , 547 S.E.2d at 126 .

The Royal Oak Concerned Citizens Ass'n v. Brunswick Cnty.

Court of Appeals of North Carolina · Apr 1, 2014

Qualified Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). … “The burden is on the appellant to establish that a substantial right will be affected unless he is allowed immediate appeal from an interlocutory order.” Embler v. Embler, 143 N.C.

Anderson ex rel. Jerome v. Town of Andrews

133 N.C. App. 185 · Court of Appeals of North Carolina · May 4, 1999

This Court has previously held that “the denial of a summary judgment motion on the grounds of sovereign and qualified immunity is an exception to the rule and is immediately appealable.” Davis v. … Moreover, defendant town has admitted to the purchase of liability insurance in the amount of one million dollars, thereby establishing defendant town’s entitlement to only partial immunity.

White v. Cochran

229 N.C. App. 183 · Court of Appeals of North Carolina · Aug 20, 2013

“[I]tis generally established that a sheriff is a public official entitled to sovereign immunity and, unless the immunity is waived pursuant to a statute, is protected from suit against him in his official capacity.” … Purchase of a Surety Bond As the record clearly reflects, given that Sheriff Cochran, in compliance with N.C. Gen.

Wright v. Gaston County

205 N.C. App. 600 · Court of Appeals of North Carolina · Jul 20, 2010

[C]ounties have governmental immunity when engaging in activ *604 ity that is clearly governmental in nature and not proprietary. … Seacrest, supra, our Supreme Court set forth the test employed where a complaint does not clearly specify whether the defendants are being sued in their individual or official capacities: where the complaint does not clearly

Smith v. Lane

Court of Appeals of North Carolina · Apr 16, 2025

Defendants argue the undisputed evidence establishes that, as a matter of law, governmental immunity bars Plaintiff’s claims. We agree. A. … Conclusion Driving a firetruck on return to the station is clearly a governmental function entitled to immunity.

Renwick v. News & Observer Publishing Co.

63 N.C. App. 200 · Court of Appeals of North Carolina · Jul 5, 1983

The Court in Flake then summarized the case law as follows: The decisions in this jurisdiction, as well as others, clearly establish that a publication is libelous per se, or actionable per se, if, when considered alone without … for “pure opinion” established in Gertz .

Reid v. Roberts

112 N.C. App. 222 · Court of Appeals of North Carolina · Oct 5, 1993

A public officer sued individually is normally immune from liability for “mere negligence.” … The immunity afforded to public officers is qualified. A public officer is shielded from liability unless he engaged in discretionary actions which were allegedly: (1) corrupt, Wiggins v. City of Monroe, 73 N.C.

Clark v. Brown

99 N.C. App. 255 · Court of Appeals of North Carolina · Jul 3, 1990

The issues presented are whether summary judgment for defendant was appropriate, based on (I) defendant’s affirmative defense of qualified immunity for libel and slander and (II) plaintiff’s failure to show a material issue … Defendant’s firing of a governmental employee was clearly the ‘official act of a public man.’

Williams v. Charlotte-Mecklenburg Sch. Bd. of Educ.

Court of Appeals of North Carolina · Oct 17, 2023

And we acknowledge the TCA clearly waived immunity for school-bus accidents. See N.C. Gen. Stat. § 143-300.1(a). That clarity, -8-  WILLIAMS V. … The TCA waived immunity, see Heath, 282 N.C. at 296, 192 S.E.2d at 310, but the EMA qualified the waiver, see N.C. Gen. Stat. § 166A-19.60(a).

Can Am South, LLC v. State, North Carolina Department of Health & Human Services

234 N.C. App. 119 · Court of Appeals of North Carolina · Jun 3, 2014

Sovereign immunity is not merely a defense to a cause of action; it is a bar to actions that requires a plaintiff to establish a waiver of immunity. Arrington v. … discovery, a result that was clearly unintended by the Smith Court when it adopted the doctrine of implied waiver of sovereign immunity in this context.

Chastain v. Arndt

253 N.C. App. 8 · Court of Appeals of North Carolina · Apr 18, 2017

Chapter 17C of our General Statutes establishes the North Carolina Criminal Justice Education and Training Standards Commission (“the Commission”). … The Commission has the power to “[e]stablish minimum educational and training standards that must be met in order to qualify for entry level employment and retention as a criminal justice officer[.]” N.C. Gen.

Estate of Earley Ex Rel. Earley v. Haywood County Department of Social Services

204 N.C. App. 338 · Court of Appeals of North Carolina · Jun 9, 2010

Defendant argues that the doctrine of governmental immunity establishes a complete defense to Plaintiff’s wrongful death- claim. … However, this Court previously construed similar insurance contract provisions as not establishing a waiver of governmental immunity.

Mullis v. Sechrest

126 N.C. App. 91 · Court of Appeals of North Carolina · May 6, 1997

App. 44, 58 , 457 S.E.2d 902, 911 , disc. review denied, 341 N.C. 647 , 462 S.E.2d 508 (1995) (“[I]t is well established that public official immunity [a subset of sovereign immunity] is an affirmative defense.”). … statute further requires that “[a]ny contract of insurance purchased pursuant to this section shall be issued by a company or corporation duly licensed and authorized to execute insurance contracts in this State or by a qualified

Lynn v. Overlook Development

98 N.C. App. 75 · Court of Appeals of North Carolina · Apr 3, 1990

These allegations are therefore sufficient to establish the City’s waiver of immunity within the limited context of Rule 12(b)(6). … . *80 However, plaintiffs’ allegations of the City’s waiver of immunity, coupled with their allegations of inspector Smith’s willful and wanton conduct in the surviving claims against him, clearly state a cognizable claim

Doe v. Charlotte-Mecklenburg Board of Education

222 N.C. App. 359 · Court of Appeals of North Carolina · Aug 21, 2012

According to well-established North Carolina law, governmental immunity is an “ ‘immunity from suit rather than a mere defense to liability!.]’ ” Craig, 363 N.C. at 338 , 678 S.E.2d at 354 (quoting Mitchell v. … The record before us in this case clearly reflects that the Board asserted governmental immunity in its responsive pleading and argued that Plaintiff was not entitled to overcome a governmental immunity bar by asserting constitutional

Smith v. Phillips

117 N.C. App. 378 · Court of Appeals of North Carolina · Dec 20, 1994

However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appeal-able, because to force a defendant to proceed with a trial from which he should be immune would vitiate … It is generally established that a sheriff is a public official entitled to sovereign immunity and, unless the immunity is waived pursuant to a statute, is protected from suit against him in his official capacity.

HICKMAN BY WOMBLE v. Fuqua

108 N.C. App. 80 · Court of Appeals of North Carolina · Nov 17, 1992

However, recent case law clearly establishes that if immunity is raised as a grounds for the summary judgment motion, a substantial right is affected and the denial is immediately appealable. Herndon v. … City of Winston-Salem, 332 N.C. 319 , 420 S.E.2d 432 (1992), the Court held that the City of Winston-Salem did not waive its immunity from civil tort liability when it established RAMCO.