Case law

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

Woodard v. North Carolina Local Governmental Employees' Retirement System

110 N.C. App. 83 · Court of Appeals of North Carolina · May 4, 1993

immunity; (4) defendants were protected from suit for any state claims by reason of the doctrine of official immunity; (5) plaintiff had not stated a claim for breach of fiduciary duty against certain defendants; and (6) … plaintiffs suit was barred pursuant to the doctrine of sovereign immunity.

Bunch v. Britton

802 S.E.2d 462 · Court of Appeals of North Carolina · Jun 6, 2017

To establish a waiver of sovereign immunity a plaintiff must specifically allege a waiver in his complaint. … Our Supreme Court emphasized that Corum clearly established the principle that sovereign immunity could not operate to bar direct constitutional claims.

Wojsko v. State

47 N.C. App. 605 · Court of Appeals of North Carolina · Jul 15, 1980

that plaintiffs alleged claims are barred by the doctrine of sovereign immunity. … This second claim clearly sounds in tort.

Horne ex rel. Heintzelman v. Town of Blowing Rock

223 N.C. App. 26 · Court of Appeals of North Carolina · Oct 2, 2012

Defendant argues the operation of a public park is a governmental function, thereby entitling it to governmental immunity from plaintiffs’ action, because (1) the legislature has established that operation of a public park … It is well-established that “generally a municipal corporation is immune to suit for negligence of its agents in the performance of its governmental functions.

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.

Dawes v. Nash County

148 N.C. App. 641 · Court of Appeals of North Carolina · Feb 19, 2002

“Like cities, counties have governmental immunity when engaging in activity that is clearly governmental in nature and not proprietary.” McIver, 134 N.C. App. at 585 , 518 S.E.2d at 524 . … Malpractice” means emergency professional medical services rendered or which should have been rendered to any person or persons (excepting employees of the Participant injured in the course of their employment) by any duly qualified

Allen v. Allen

76 N.C. App. 504 · Court of Appeals of North Carolina · Sep 3, 1985

Before this statute was enacted, the established rule was that both children and their parents were immune from such suits by each other. Gillikin v. Burbage, 263 N.C. 317 , 139 S.E. 2d 753 (1965); Cox v. … G.S. 1-539.21 abolished parental immunity and opened an avenue for children to sue their parents. To hold that an established right was taken away because the statute did not open the same door for parents is incorrect.

Leonard v. Bell

254 N.C. App. 694 · Court of Appeals of North Carolina · Aug 1, 2017

The sole question on appeal is whether defendants qualify as public officials entitled to immunity from suit in their individual capacities. … West and Medley are only relevant in this case to establish that the DAC has a duty to provide health services to inmates.

In re A.P.

165 N.C. App. 841 · Court of Appeals of North Carolina · Aug 17, 2004

Accordingly, respondent asserts that “he clearly has a right to pursue the present appeal.” However, DSS disputes respondent’s assertion. N.C. Gen. … The concept of in loco parentis has been addressed in the context of whether parental immunity exists in tort actions. For example, Liner v. Brown, 117 N.C.

State v. Clifton

197 N.C. App. 232 · Court of Appeals of North Carolina · May 19, 2009

Instead, he requested an instruction on "witness with immunity or quasi immunity." … When the trial court noted that Butler was not granted immunity, defendant argued that Butler had testified in accordance with a plea bargain, and he believed "that would qualify."

Archer v. Rockingham County

144 N.C. App. 550 · Court of Appeals of North Carolina · Jul 3, 2001

Sovereign immunity “is firmly established in our law today, and by legislation has been recognized by the General Assembly as the public policy of the State.” Steelman v. … “It is well established that the State is immune from suit under the doctrine of sovereign immunity, until and unless it consents to be sued.” Slade v. Vernon, 110 N.C. App. 422, 426 , 429 S.E.2d 744, 746 (1993).

Ray v. Lewis Hauling & Excavating, Inc.

145 N.C. App. 94 · Court of Appeals of North Carolina · Jul 17, 2001

EMW’s are accorded qualified immunity while performing the governmental functions as set out in the EMA. N.C. Gen. Stat. § 166A-14 (1995). *97 D. … The section then goes on to provide qualified immunity to certain entities and individuals named in the Article.

Stahl v. Bowden

Court of Appeals of North Carolina · Oct 20, 2020

Nonetheless, a party claiming the protection of statutory immunity must satisfy “all of the requirements” of the statute granting the claimed immunity in order to establish a substantial right entitling him to an immediate … A telecommunicator is a “person qualified to provide 911 call taking employed by a PSAP.

Beroth Oil Co. v. N.C. Dep't of Transp.

256 N.C. App. 401 · Court of Appeals of North Carolina · Nov 21, 2017

"[T]he doctrine of sovereign immunity is not a constitutional right; it is a common law theory or defense established by [our Supreme] Court.... … First, a party's subsequent position must be 'clearly inconsistent' with its earlier position.

Darsie v. Duke University

48 N.C. App. 20 · Court of Appeals of North Carolina · Aug 5, 1980

The same test has been applied to public hospitals which are established and maintained for charitable purposes. E.g., Helton v. Sisters of Mercy of St. … The primary purpose of the institution at that time was to train qualified personnel to teach in public schools of *26 North Carolina. In 1858 the name was again changed to Trinity College.

Carl v. State

192 N.C. App. 544 · Court of Appeals of North Carolina · Sep 2, 2008

Facts In 1997, the General Assembly authorized SHP to offer LTC Benefits.to State employees, retirees, and retired local government workers, and their qualified dependents, on a voluntary, self-pay basis. 1997 N.C. … App. 426, 430 , 573 S.E.2d 517, 519 (2002) (“It is well established that sovereign immunity does not protect the state or its counties against claims brought against them directly under the North Carolina Constitution.”),

Turner v. City of Greenville

197 N.C. App. 562 · Court of Appeals of North Carolina · Jun 16, 2009

Following a hearing, the trial court granted the City of Greenville’s motion for summary judgment on the defenses of federal qualified immunity and public officer’s immunity. … “Law enforcement operations” are “clearly governmental” activities for which a municipality is generally immune. Id. at 253, 517 S.E.2d at 175 .

Richmond v. City of Asheville

242 N.C. App. 252 · Court of Appeals of North Carolina · Jul 7, 2015

However, the retirement documents submitted to the State Retirement System ("the Retirement System") contain evidence of multiple alterations to make it appear that Clark did qualify for retirement. … Richmond's failure to establish malice, an element of that claim, does not render the remedy inadequate. See, e.g., Rousselo v.

Kirkpatrick v. Town of Nags Head

213 N.C. App. 132 · Court of Appeals of North Carolina · Jul 5, 2011

Given these factors and the well-established policy providing for the availability of governmental immunity in the absence of a clear statutory mandate to the contrary, Hodges v. … If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly indicates another meaning was intended.