Case law

Shehan v. Gaston County

190 N.C. App. 803 · Court of Appeals of North Carolina · Jun 3, 2008

Plaintiff alleged that she has located a person who is reasonably expected to qualify as an expert witness who will testify that Mr. Bishop was alive when defendant May ran over him. … Stat. § 1A-1, Rule 12(c), “on the grounds of collateral estoppel, sovereign immunity, public official immunity, and other forms of governmental immunity.”

Warren v. NEW HANOVER CTY. BD. OF EDUC.

104 N.C. App. 522 · Court of Appeals of North Carolina · Nov 19, 1991

To establish a cause of action for wrongful discharge or demotion in violation of the employee's First Amendment rights, the employee must show first "that the speech complained of qualified as protected speech or activity … Additionally, we find it unnecessary to address defendants' arguments regarding qualified immunity.

McCullers v. Lewis

265 N.C. App. 216 · Court of Appeals of North Carolina · May 7, 2019

Courts applying this framework have recently held that a defendant seeking to establish public official immunity must demonstrate that all three of the Isenhour factors are present. Leonard v. Bell, ___ N.C. … Exercise of a Portion of the Sovereign Power While the contours of what the sovereign power includes are not clearly defined by our case law, it is evident that a defendant claiming themself a public official for

Cox v. Roach

218 N.C. App. 311 · Court of Appeals of North Carolina · Feb 7, 2012

On or about 18 March 2011, defendants Adkins, Schatzman, and Hartford made a motion for summary judgment “based upon the existence of probable cause, public officer’s immunity, [and] qualified immunity[.]” … Only the sovereign’s own consent could qualify the absolute character of that immunity, that the notion that immunity from suit is an attribute of sovereignty is reflected in our cases, and that this explanation adequately

State v. Enslin

42 N.C. App. 565 · Court of Appeals of North Carolina · Aug 15, 1979

Defendant also attacks the ordinance on equal protection grounds asserting that the ordinance improperly granted immunity to businesses similarly situated. … The ordinance specifically exempts from the licensing requirements a “regularly established and licensed hospital, sanitarium, nursing home or medical clinic” or an “office or clinic operated by a duly qualified and licensed

Anderson v. Assimos

146 N.C. App. 339 · Court of Appeals of North Carolina · Oct 2, 2001

App. 589, 593 , 284 S.E.2d 188, 191 (1981), modified on other grounds, 306 N.C. 364 , 293 S.E.2d 415 (1982), establish a statute of repose, Lamb, 308 N.C. at 444 , 302 S.E.2d at 882 , or establish limited immunities for some … A complaint alleging medical malpractice must: (1) specifically assert the complaint has been reviewed by a person “who is expected to qualify” or who the “complainant will seek to have qualified” as an expert witness under

Chapman v. Pollock

69 N.C. App. 588 · Court of Appeals of North Carolina · Jul 17, 1984

Shahady’s opinions was established. … Even though expert testimony is usually needed to establish what the practices and standards of doctors in a particular specialty and area are, “[w]hen the standard of care . . . is once established, departure therefrom may

Sandhill Amusements, Inc. v. Sheriff of Onslow County

236 N.C. App. 340 · Court of Appeals of North Carolina · Sep 5, 2014

“[W]hen [a] motion is made on the grounds of sovereign and qualified immunity,... a denial is immediately appealable, because to force a defendant to proceed with a trial from which he should be immune would vitiate the doctrine … of sovereign immunity.”

Beeson v. Palombo

220 N.C. App. 274 · Court of Appeals of North Carolina · May 1, 2012

Standard of Review Defendant’s appeal the trial court’s order denying summary judgment; the standard of review for an order denying summary judgment is well-established: We review a trial court order granting or denying a … Clearly, Mr.

Evans v. United Services Automobile Ass'n

142 N.C. App. 18 · Court of Appeals of North Carolina · Feb 6, 2001

The protection given to matters prepared in anticipation of trial, or “work product,” is not a privilege, but a “qualified immunity.” Willis v. Power Co., 291 N.C. 19, 35 , 229 S.E.2d 191, 201 (1976). … Consequently, we do not believe that material prepared in the course of the investigatory process is normally entitled to the Rule 26 qualified work product immunity.

Carrington v. Brown

136 N.C. App. 554 · Court of Appeals of North Carolina · Feb 15, 2000

Defendant answered, alleging several defenses including lack of service, statute of limitations, sovereign and official immunity, res judicata, and collateral estoppel. … While this term clearly refers to elected department heads, it does not refer to the governor.

Bynum v. Wilson County

228 N.C. App. 1 · Court of Appeals of North Carolina · Jun 18, 2013

given that the operation of the register of deeds office “is clearly a governmental function for which the county enjoys immunity from suit for negligence.” … According to well-established North Carolina law, a business owner is liable for the negligent maintenance of buildings in which customers may pay their bills. 4 For example, in Lamm v.

Head v. Adams Farm Living, Inc.

242 N.C. App. 546 · Court of Appeals of North Carolina · Aug 18, 2015

In the present case, Defendant has clearly established a nondiscriminatory reason for Plaintiff's discharge. … in general terms-how the flu vaccine had the potential to adversely affect her immune system.

Foust v. Hughes

21 N.C. App. 268 · Court of Appeals of North Carolina · Apr 17, 1974

FROM THE ORDER ALLOWING DEFENDANT BOSWELL’S MOTION TO DISMISS UNDER RULE 12(b)(6) Plaintiff alleged that defendant Boswell was at all times mentioned in the complaint “a magistrate of the District Court, duly appointed, qualified … “This immunity applies even when the judge is accused of acting maliciously and corruptly, and ‘it is not for the protection or benefit of a malicious or corrupt judge, but for the benefit of the public, whose interest it

Paquette v. County of Durham

155 N.C. App. 415 · Court of Appeals of North Carolina · Dec 31, 2002

The relationship of employer and employee is essentially contractual in its nature, and should be determined by the rules governing the establishment of contracts, express or implied. Hollowell v. … Our Supreme Court has stated that “a pleading should clearly state the capacity in which the defendant is being sued.” Mullis v. Sechrest, 347 N.C. 548, 554 , 495 S.E.2d 721, 724 (1998).

Kennedy v. Haywood County

158 N.C. App. 526 · Court of Appeals of North Carolina · Jun 17, 2003

“The party moving for summary judgment bears the burden of establishing that there is no triable issue of material fact.” DeWitt v. Eveready Battery Co., 355 N.C. 672, 681 , 565 S.E.2d 140, 146 (citing Nicholson v. … However, “[w]aiver 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.” Guthrie v.

Hubbard v. County of Cumberland

143 N.C. App. 149 · Court of Appeals of North Carolina · Apr 17, 2001

of sovereign immunity.” … Defendant County clearly has a statutory duty to abide by the terms of the budget ordinance which it approves.

Meinck v. City of Gastonia

Court of Appeals of North Carolina · Jan 2, 2019

(Emphasis supplied) The City contends the quoted endorsement “clearly and unambiguously retains Gastonia’s governmental immunity.” … This hypothetical clause clearly excludes coverage in two separate circumstances: first, where the purchase of liability coverage otherwise would waive sovereign immunity or governmental immunity, which are long-standing

Diggs v. Novant Health, Inc.

177 N.C. App. 290 · Court of Appeals of North Carolina · May 2, 2006

Harris-Offutt is qualified to render expert testimony under Rule 702(b)(2) and that prior case law establishes that she may testify regarding medical causation. … Rule 26(b)(3) provides that documents prepared “in anticipation of litigation” are afforded a qualified immunity from discovery.

Martinez v. Wake Cty. Bd. of Educ.

258 N.C. App. 466 · Court of Appeals of North Carolina · Mar 20, 2018

“According to well-established North Carolina law, governmental immunity is an immunity from suit rather than a mere defense to liability. … be established under our Tort Claims Act.