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LYLES v. CITY OF CHARLOTTE

No. 439PA95.

477 S.E.2d 150 (1996)

Debra Kay LYLES v. The CITY OF CHARLOTTE and Motorola, Inc.

Supreme Court of North Carolina.

November 8, 1996.

Attorney(s) appearing for the Case

James, McElroy & Diehl, P.A. by William K. Diehl, Jr., G. Russell Kornegay, III, and

Richard B. Fennell, Charlotte, for plaintiff-appellee.

Smith Helms Mulliss & Moore by L.D. Simmons, II, and Leigh F. Moran, Charlotte, for defendant-appellant City of Charlotte.

WEBB, Justice.

The Court of Appeals based its decision on its holding that the City of Charlotte had waived its sovereign immunity by participating in a local government risk pool. N.C.G.S. § 160A-485 provides that a city may waive its sovereign immunity for civil liability in tort by purchasing liability insurance or by participating in a local government risk pool pursuant to article 23 of General Statutes chapter 58. N.C.G.S. § 58-23-5 provides in part...

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