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SMITH v. PHILLIPS

No. 9324SC719.

451 S.E.2d 309 (1994)

Betty Lou Gragg SMITH, Administratrix of the Estate of Shawn Nicholas Gragg, and the State of North Carolina, ex rel. Betty Lou Gragg Smith, Administratrix of the Estate of Shawn Nicholas Gragg v. Clinton Ira PHILLIPS and Western Surety Company.

Court of Appeals of North Carolina.

December 20, 1994.

Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Robert C. Ervin, Morganton, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice by Tyrus V. Dahl, Jr. and Lawrence Pierce Egerton, Winston Salem, for defendants-appellants.

McCRODDEN, Judge.

At the outset we note that appeals from denial of motions for summary judgment, such as the instant one, are interlocutory and typically not allowed because they do not affect a substantial right of the parties. Waters v. Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appealable...

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