JAMES v. CHARLOTTE-MECKLENBURG BD. OF EDUC.

No. 8226SC95.

300 S.E.2d 21 (1983)

Larry JAMES, Guardian ad Litem for Kristin Marie JAMES, a Minor v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION and Susan Stewart.

Court of Appeals of North Carolina.

February 15, 1983.


Attorney(s) appearing for the Case

Ervin, Kornfeld, MacNeill & Ervin by John C. MacNeill, Jr. and Winfred R. Ervin, Jr., Charlotte, for plaintiff-appellant.

Jones, Hewson & Woolard by Hunter M. Jones, Harry C. Hewson and R.G. Spratt, III, Charlotte, for defendants-appellees.


WELLS, Judge.

In their motion for directed verdict, defendants asserted two specific grounds: one, limited immunity, and two, an insufficient showing of negligence. Both grounds are, therefore, before us in this appeal, and we shall deal with them seriatim.

I. Immunity. The record shows that, pursuant to the provisions of G.S. 115-53, the Board was insured against tort liability. The purchase of such insurance constitutes a waiver of governmental...

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