KAPLAN v. CITY OF WINSTON-SALEM

No. 7421SC7.

203 S.E.2d 653 (1974)

21 N.C. App. 168

Leon KAPLAN and wife Renee M. Kaplan, trading as Tiny Town v. CITY OF WINSTON-SALEM.

Court of Appeals of North Carolina.

April 3, 1974.


Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson, by Norwood Robinson and George L. Little, Jr., Winston-Salem, for plaintiffs-appellees.

Deal, Hutchins & Minor, by John M. Minor and William K. Davis, Winston-Salem, for defendant-appellant.


BROCK, Chief Judge.

Defendant contends that plaintiffs' cause of action, not being on behalf of a member of the travelling public, is barred by the doctrine of governmental immunity.

It is generally held that the duty of keeping sidewalks in a reasonably safe condition rests primarily on a municipality. A municipality may not undertake a task of street improvement or repair in a careless or negligent fashion and then seek to escape liability by invoking the...

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