CLARK v. BURKE COUNTY

No. 9425SC98.

450 S.E.2d 747 (1994)

Tammy CLARK, As Administratrix of the Estate of Troy Smith, Plaintiff, v. BURKE COUNTY and Ralph E. Johnson, In His Capacity As Burke County Sheriff, Defendants.

Court of Appeals of North Carolina.

November 15, 1994.


Attorney(s) appearing for the Case

Harris & Graves by Joseph A. Mooneyham, Greenville, and Corry, Cerwin & Luptak by Todd R. Cerwin, Kings Mountain, for plaintiff appellant.

Womble Carlyle Sandridge & Rice by Allan R. Gitter and Ellen M. Gregg, Winston Salem, for defendants appellees.


ARNOLD, Chief Judge.

Plaintiff argues on appeal that the trial court erred in granting defendants' motion for summary judgment. In support of this argument, she contends that the action was not barred by governmental immunity and that her failure to plead waiver of immunity did not justify dismissal. She further contends that Deputy Smith's actions were wilful and wanton, rising to the level of gross negligence, and that Sheriff Johnson's failure to properly train...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases