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HICKMAN BY WOMBLE v. FUQUA

No. 9121SC804.

422 S.E.2d 449 (1992)

108 N.C. App. 80

Andre L. HICKMAN, a Minor by his Guardian Ad Litem, T. Daniel WOMBLE, Plaintiff, v. Derrick Montric FUQUA, Helen W. Nichols, Individually and d/b/a Tiny Tim Nursery and Kindergarten, City of Winston-Salem, Winston-Salem Tennis Inc., David L. Lash, Defendants. William L. HICKMAN and wife, Roslyn R. Hickman, Plaintiffs, v. Derrick Montric FUQUA, Helen W. Nichols, Individually and d/b/a Tiny Tim Nursery and Kindergarten, City of Winston-Salem, Winston-Salem Tennis Inc., David L. Lash, Defendants.

Court of Appeals of North Carolina.

November 17, 1992.

Attorney(s) appearing for the Case

Frye and Kasper by Leslie G. Frye and Granice L. Geyer, Winston-Salem, for plaintiffs-appellees Andre L. Hickman, William L. Hickman, and Roslyn R. Hickman.

Womble Carlyle Sandridge & Rice by Roddey M. Ligon, Jr. and Gusti W. Frankel, Winston-Salem, for defendant-appellant City of Winston-Salem.

Hendrick, Zotian, Cocklereece & Robinson by William A. Blancato, Winston-Salem, for defendant-appellee Winston-Salem Tennis, Inc.

LEWIS, Judge.

In this case we are asked to decide whether a city which co-sponsors a free youth tennis program held at a public high school that adjoins a city-owned park enjoys immunity from a negligence suit. Defendant City of Winston-Salem made a motion for summary judgment based upon governmental immunity. The trial court denied this motion, and the City appeals. We reverse.

The City of Winston-Salem and Winston-Salem Tennis, Inc., a private nonprofit...

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