Case law

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.

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.

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.

Urquhart v. East Carolina School of Medicine

211 N.C. App. 124 · Court of Appeals of North Carolina · Apr 19, 2011

from suit pursuant to the doctrine of sovereign immunity. … On the one hand, the Pitt County civil action initiated by Plaintiff sought recovery of damages from a number of physicians and health care providers who did not qualify as state agencies for purposes of the State Tort Claims

State v. Maynard

65 N.C. App. 81 · Court of Appeals of North Carolina · Nov 15, 1983

The record establishes that the jury was fully informed of the arrangement between the witness Scott and the prosecutor. … The evidence omitted was neither substantive nor clearly exculpatory in nature, tending rather to show bias and interest on the part of the State’s witnesses. The court thus was not required to summarize it. State v.

Brown v. Town of Chapel Hill

233 N.C. App. 257 · Court of Appeals of North Carolina · Apr 1, 2014

However, once plaintiff’s true identity was established, Officer Punk released plaintiff. … With regard to the reasonableness analysis required by Hill , the Fourth Circuit has noted that the qualified immunity reasonableness determination is based on evidence reasonably available to the police officer and in fight

Mullins Ex Rel. Mullins v. Brody's Store Manager

116 N.C. App. 676 · Court of Appeals of North Carolina · Nov 1, 1994

Therefore, Officer Woolard was entitled to qualified immunity from suit. Accordingly, the trial court erred in concluding that plaintiff was entitled to recover judgment against Officer Woolard for false imprisonment. … Our research has revealed only two cases addressing the issue of punitive damages for false imprisonment in a commercial establishment. In Rogers v. T.J.X.

Dalenko v. Wake County Department of Human Services

157 N.C. App. 49 · Court of Appeals of North Carolina · Apr 1, 2003

Although plaintiff maintains the allegations of the amended complaint establish a “special relationship” between defendants and Dalenko which pierces their immunity, such an exception applies to the public duty doctrine, … Moreover, the complaint alleges Harmon took various actions in her capacity as social worker for DHS that clearly required the exercise of discretion and were not simply ministerial.

In Re AP

600 S.E.2d 9 · 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. … The concept of in loco parentis has been addressed in the context of whether parental immunity exists in tort actions. For example, Liner v.

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.

Dalenko v. Collier

191 N.C. App. 713 · Court of Appeals of North Carolina · Aug 5, 2008

with judicial immunity. … Plaintiffs complaint alleges conduct which was clearly within the course and scope of the arbitration proceeding.

Moore v. City of Creedmoor

120 N.C. App. 27 · Court of Appeals of North Carolina · Sep 5, 1995

However, as public officials, Seagroves and High “will be personally answerable for damages under section 1983 . . . where qualified immunity is not available to shield [them] from liability for deprivation of federal rights … It is therefore unnecessary to address the issue of qualified immunity. See, e.g., Messick, 110 N.C. App. at 717 , 431 S.E.2d at 495 . A.

Brown v. City of Winston-Salem

171 N.C. App. 266 · Court of Appeals of North Carolina · Jul 5, 2005

privilege or immunity, the general laws shall supersede the charter. … Stat. § 160A-3(c), the statutory provision establishing involuntary annexations supercedes the Charter provision permitting only voluntary annexations.

Harwood v. Johnson

92 N.C. App. 306 · Court of Appeals of North Carolina · Dec 20, 1988

The doctrine of sovereign immunity — that the State cannot be sued in its own courts, or in any other, without its consent — is firmly established in the common law of North Carolina. Orange County v. … of sovereign immunity.

Suarez by and Through Nordan v. American Ramp Company

266 N.C. App. 604 · Court of Appeals of North Carolina · Aug 6, 2019

Opinion of the Court to immunity from suit under the provisions of N.C. Gen. … Thus, the Complaint clearly alleges the Town knew or should reasonably have known of the alleged dangerous condition.

Coleman v. Cooper

102 N.C. App. 650 · Court of Appeals of North Carolina · May 7, 1991

Certain activities are clearly governmental such as law' enforcement operations and the operation of jails, public libraries, county fire departments, public parks and city garbage services. … G.S. 108A-1 requires that “[e]very county shall have a board of social services which shall establish county policies for the programs established by this Chapter in conformity with the rules and regulations of the Social

Spruill v. Lake Phelps Volunteer Fire Department, Inc.

132 N.C. App. 104 · Court of Appeals of North Carolina · Jan 19, 1999

suppression of the reported fire or to the direction of traffic or enforcement of traffic laws or ordinances at the scene of or in connection with a fire, accident, or other hazard by the department or the fireman unless it is established … The wording of the statute clearly requires a “reported fire” and an act or omission relating to the “suppression” of the “reported fire” before the limitation of liability applies.

Cline v. James Bane Home Bldg.

Court of Appeals of North Carolina · Jun 15, 2021

sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” … The insurance policy at issue there contained the following exclusion: “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable

Dalenko v. WAKE COUNTY DEPT. OF HUMAN SERV.

578 S.E.2d 599 · Court of Appeals of North Carolina · Apr 1, 2003

Although plaintiff maintains the allegations of the amended complaint establish a "special relationship" between defendants and Dalenko which pierces their immunity, such an exception applies to the public duty doctrine, … Moreover, the complaint alleges Harmon took various actions in her capacity as social worker for DHS that clearly required the exercise of discretion and were not simply ministerial.

Wallace v. Board of Trustees

145 N.C. App. 264 · Court of Appeals of North Carolina · Aug 7, 2001

Therefore, at no time has the Petitioner been qualified to receive disability retirement benefits. 4. … We note that although the Board argues that “the State of North Carolina cannot be sued except with its consent or upon its waiver of immunity[ otherwise, this immunity is absolute and unqualified,” it is not personal or