IZARD v. HICKORY CITY SCHOOLS BD. OF EDUC

No. 8325SC750.

315 S.E.2d 756 (1984)

Michael Dwayne IZARD, a minor, By and Through his guardian ad litem, Eloise IZARD v. The HICKORY CITY SCHOOLS BOARD OF EDUCATION and Jack C. Ketner, H. Allen Mitchell, Charles Bagby, William P. Pitts, Billy L. McCurry, Lois Young, Ruebelle Newton, each individually and jointly and severally in their Official Capacities as members of said Board of Education; and College Park Jr. High School, and H. Donnell Havnaer, Jr., individually and in his Official Capacity as Principal, College Park Jr. High School, and Boyce R. Roberts, individually and in his Official Capacity as Instructor, Industrial Arts Class, College Park Jr. High School; Other persons, whose names are presently unknown, individually and in their Official Capacities as Employees of the Hickory City School System, and their Agents, and Subordinates and Employees.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Harbinson, Harbinson & Parker by Jason R. Parker, Hickory, for plaintiffs-appellants.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by G. Gray Wilson, Winston-Salem, for defendant-appellee.


ARNOLD, Judge.

Plaintiffs contend that the trial court erred in granting defendant Roberts' motion for summary judgment in that different inferences could have been drawn as to whether Roberts' negligence or Michael Izard's own contributory negligence was the proximate cause of Izard's injury. We disagree and affirm the order of the trial court.

In order to recover for negligence, plaintiff must establish (1) a legal duty, (2) a breach thereof, and (3) proximate...

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