SMITH v. McDOWELL COUNTY BD. OF EDUC.

No. 8329SC677.

316 S.E.2d 108 (1984)

Eddie Kenneth SMITH v. McDOWELL COUNTY BOARD OF EDUCATION, Keith Weldon Gillespie, and Roy Hollifield.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Donald F. Coats, Marion, for plaintiff-appellant.

Dameron & Burgin by Charles E. Burgin, Marion, for defendant-appellee, McDowell County Bd. of Educ.


JOHNSON, Judge.

The sole question for determination on this appeal is whether the trial court erred in dismissing the action as to the McDowell County Board of Education (hereafter the "Board"), a party defendant. The basis for the dismissal by the trial court was G.S. 143-300.1, which provides in substance that claims against county and city boards of education for accidents involving "school buses or school transportation service vehicles" shall be heard and determined...

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