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STEIN v. ASHEVILLE CITY BD. OF EDUC.

No. 128A05.

626 S.E.2d 263 (2006)

360 N.C. 321

Kathlyn Marie STEIN and Michael Hootstein v. ASHEVILLE CITY BOARD OF EDUCATION, Cooperative Learning Center (a/k/a Wolfe Creek School, now Buncombe Community School West, at the time administered jointly by Blue Ridge Human Services Facilities, Inc. and/or Blue Ridge Mental Health and/or Asheville City Board of Education and/or Buncombe County Board of Education), Buncombe County Board of Education, Blue Ridge Center for Mental Health, and Blue Ridge Area Authority.

Supreme Court of North Carolina.

March 3, 2006.

Attorney(s) appearing for the Case

Orbock Ruark & Dillard, P.C., by Mark A. Leach, Winston-Salem, for plaintiffs-appellees.

Patrick, Harper & Dixon L.L.P., by David W. Hood and Michael J. Barnett, Hickory, for defendants-appellants Cooperative Learning Center, Blue Ridge Human Services Facilities, Inc., Blue Ridge Mental Health, Blue Ridge Center for Mental Health, and Blue Ridge Area Authority.

NEWBY, Justice.

The issue is whether plaintiffs have stated a claim for negligence against defendant Blue Ridge Area Authority1 ("defendant") for damages resulting from the off-campus shooting of plaintiff Stein by students who attended defendant's school. We hold plaintiffs have not stated a valid claim, and we reverse the Court of Appeals.

I. BACKGROUND

Plaintiff Kathlyn...

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