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DANIEL v. CITY OF MORGANTON

No. COA96-267.

479 S.E.2d 263 (1997)

Kristen S. DANIEL, Plaintiff, v. The CITY OF MORGANTON, The Burke County Board of Education, and Deborah Gober, Defendants.

Court of Appeals of North Carolina.

January 7, 1997.

Attorney(s) appearing for the Case

Daniel & LeCroy, P.A. by M. Alan LeCroy, Morganton, for plaintiff-appellant.

Patrick, Harper & Dixon by Stephen M. Thomas, Hickory, for defendant-appellee City of Morganton.

Patton, Starnes, Thompson, Aycock, Teele & Ballew, P.A. by Larry A. Ballew, Morganton, for defendants-appellees Burke County Board of Education and Deborah Gober.

SMITH, Judge.

On 19 March 1990 plaintiff was participating in softball practice with the Freedom High School girls' varsity softball team. The softball field on which practice was being held was located on a portion of land owned by defendant, Burke County Board of Education (Board) and leased and maintained by defendant, City of Morganton (City). The softball field was in the course of being constructed by the City and the surface of the playing field was rough....

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