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HAAS v. CALDWELL SYSTEMS, INC.

No. 8925SC1086.

392 S.E.2d 110 (1990)

98 N.C. App. 679

E. Truitt HAAS, Mary C. Haas, Laura A. Norris, Deborah K. Coffey, Anthony E. Haas, Kimberly L. Singleton, E. Truitt Haas as Guardian Ad Litem for Christopher R. Norris and Russell W. Coffey, Minor Children, Leon Hollar, Collene Hollar, and Max J. Roberts, Plaintiffs, v. CALDWELL SYSTEMS, INC.; Charles B. Foushee, Jr.; Caldwell County; Caldwell Industrial Services, Inc., Defendants. CALDWELL COUNTY, Third-Party Plaintiff, v. The NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES and The North Carolina Department of Natural Resources and Community Development, Third-Party Defendants.

Court of Appeals of North Carolina.

June 5, 1990.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard by George W. House, William G. Ross, Jr., and Stanley P. Barringer, Jr., Greensboro, for third-party plaintiff, appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Nancy E. Scott, Raleigh, for third-party defendant North Carolina Dept. of Human Resources.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for third-party defendant North Carolina Dept. of Natural Resources and Community Development.

HEDRICK, Chief Judge.

In its first two assignments of error, the County contends the trial court erred by concluding 1) that it lacked subject matter jurisdiction over the third-party claims and 2) that it lacked personal jurisdiction over the third-party defendants. The apparent justification for the judge's ruling on both issues was the defense of sovereign immunity.

The doctrine of sovereign immunity bars tort actions against the State of North Carolina...

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