Case law

Bostic Packaging, Inc. v. City of Monroe

149 N.C. App. 825 · Court of Appeals of North Carolina · Apr 16, 2002

The Court stated that the “establishment and construction of a sewer system by a municipality are governmental functions entitling it to immunity from negligence.” Id. at 610 , 261 S.E.2d at 300-01 . … immunity.

Combs v. Town of Belhaven, NC

106 N.C. App. 71 · Court of Appeals of North Carolina · Apr 7, 1992

According to G.S. 160A-485(a), however, a town may waive this immunity by purchasing liability insurance. … These contractual provisions clearly exclude coverage for the claims set forth by plaintiff. Coverage A, however, does not contain an exclusion for such acts committed by a Law Enforcement Employee.

Kroh v. Kroh

152 N.C. App. 347 · Court of Appeals of North Carolina · Aug 20, 2002

We conclude that the record on appeal supports the trial court’s determination that Teresa Kroh acted with actual malice, thus negating any qualified immunity she otherwise would have enjoyed under G.S. § 7B-309 for her statements … immunity under G.S. § 7B-309.

Ladd v. Funderburk

Court of Appeals of North Carolina · Oct 18, 2022

However, denial of a motion for summary judgment ‘on the grounds of sovereign and qualified immunity is immediately appealable.’ ” Epps v. Duke Univ., 122 N.C. … FUNDERBURK 2022-NCCOA-676 Opinion of the Court “three-step inquiry” established in Estate of Williams v.

Wilkerson v. Norfolk Southern Railway Co.

151 N.C. App. 332 · Court of Appeals of North Carolina · Jul 16, 2002

It is only when an individual pleads qualified immunity or public officer immunity that the distinction between discretionary and ministerial acts is important. … This testimony clearly supports the finding that the City did not waive its immunity regarding the improvement project.

Anderson Ex Rel. Jerome v. Town of Andrews

127 N.C. App. 599 · Court of Appeals of North Carolina · Nov 4, 1997

In general, municipalities in North Carolina are immune from liability for their negligent acts arising out of governmental activities unless the municipality waives such immunity by purchasing liability insurance. … However, recent case law clearly establishes that if immunity is raised as a basis in the motion for summary adjudication, a substantial right is affected and the denial is immediately appealable. 2 Thus, as to the issue

Ray v. B. Keith Forgy, M.D., P.A.

245 N.C. App. 430 · Court of Appeals of North Carolina · Feb 16, 2016

Lastly, the trial court issued a qualified protective order authorizing the disclosure of log 305 to plaintiffs. … KEITH FORGY, M.D., PA., Opinion of the Court affidavits and the Medical Staff bylaws of Grace to establish that their MRCs qualified as MRCs pursuant to the meaning contemplated

Barfield v. North Carolina Department of Crime Control & Public Safety

202 N.C. App. 114 · Court of Appeals of North Carolina · Jan 19, 2010

“It has long been established that an action cannot be maintained against the *119 State of North Carolina or an agency thereof unless it consents to be sued or upon its waiver of immunity, and that this immunity is absolute … “Waiver of sovereign immunity may not be lightly inferred and State statutes waiving this immunity, being in derogation of the sovereign right to immunity, must be strictly construed.”

Meyer v. Walls

122 N.C. App. 507 · Court of Appeals of North Carolina · Jun 4, 1996

It is well-established in North Carolina that the common law doctrine of sovereign immunity “prevents a claim for relief against the State except where the State has consented or waived its immunity.” … We recognize that those activities are discretionary in nature and clearly within the scope of defendant’s official duties.

Vaughn v. County of Durham

34 N.C. App. 416 · Court of Appeals of North Carolina · Nov 16, 1977

When the activity of a governmental entity is clearly governmental in nature, and not proprietary, the rule of sovereign immunity will protect the government from suit. As stated in Moffitt v. … However, this judge-made doctrine is firmly established in our law today, and by legislation has been recognized by the General Assembly as the public policy of the State. See Galligan v.

Murray v. Univ. of N.C. at Chapel Hill

246 N.C. App. 86 · Court of Appeals of North Carolina · Mar 1, 2016

Defense counsel clearly argues that plaintiff’s complaint fails to state a claim by “neither alleg[ing] a waiver of immunity nor demonstrat[ing] the basis for such a waiver.” … The record clearly shows defendant raised sovereign immunity at the hearing under Rule 12(b)(6). This issue is properly before this Court.

Taylor v. TOWN OF GARNER

204 N.C. App. 300 · Court of Appeals of North Carolina · Jun 1, 2010

The Commission’s unchallenged findings of fact establish that the parties clearly intended for Officer Taylor to work the N.C. State football game pursuant to the Agreement. … Substantial Compliance The Commission’s unchallenged and binding findings of fact establish that the parties clearly intended for Officer Taylor to work as a mounted patrol officer with powers of arrest at N.C.

Land v. Whitley

Court of Appeals of North Carolina · Feb 6, 2024

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 … The protections against civil liability afforded the health care providers who qualify for the immunity under these statutes are, however, not unlimited. N.C. Gen.

Hart v. Brienza

246 N.C. App. 426 · Court of Appeals of North Carolina · Apr 5, 2016

Law enforcement operations are clearly governmental activities for which a municipality is generally immune. … The unambiguous language in Gaston County’s liability insurance policy clearly preserves the defense of governmental immunity.

Kai-Ling Fu v. Unc Chapel Hill

188 N.C. App. 610 · Court of Appeals of North Carolina · Feb 5, 2008

Boudreau testified that the Army Medical Institute Special Immunizations Program clinic received a risk assessment from Dr. … Fu did not present any objective evidence that the immune response she experienced was related to her 9 March 2004 booster shot, as Dr.

Stephenson v. Town of Garner

136 N.C. App. 444 · Court of Appeals of North Carolina · Feb 1, 2000

While officials are not immune for acts outside the scope of their legislative duties, Scott, 716 F.2d at 1423, and arguably may claim only qualified immunity for “executive” acts (such as enforcement of zoning laws), id. … On the other hand, the action is legislative if the facts involve ‘generalizations concerning a policy or state of affairs’ and the ‘establishment of a general policy’ affecting the larger population”).

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

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

The Act also establishes that the forum for such suits is the Industrial Commission, rather than the State courts. See id. … Our courts have clearly held that any modification or waiver of the doctrine of sovereign immunity must come from the General Assembly. See Blackwelder v.

Bio-Medical Applications of North Carolina, Inc. v. North Carolina Department of Health & Human Services

179 N.C. App. 483 · Court of Appeals of North Carolina · Sep 19, 2006

At no time does BMA assert that it is — and clearly it is not — a person aggrieved by a final decision in a contested case, which is a prerequisite for this statute to apply. … This statute clearly is inapplicable as there has been no decision by the Department of Health and Human Services regarding the issuance, denial or withdrawal of a CON.

Taylor v. Wake Cty.

258 N.C. App. 178 · Court of Appeals of North Carolina · Feb 20, 2018

The question left in the wake of Corum is: what qualifies as an “adequate state remedy?” … it possess[ed] [was] more precisely identified as governmental immunity[.]”

Greene v. Barrick

198 N.C. App. 647 · Court of Appeals of North Carolina · Aug 4, 2009

(“NETSTAR”) to assist the sheriff’s office in establishing a helicopter program. Deputy Horton acted as an intermediary between Barrick and Sheriff Jones. … This Court has held that “when the moving party claims sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” Moore v. Evans, 124 N.C.