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ANDERSON v. TOWN OF ANDREWS

No. COA97-41.

492 S.E.2d 385 (1997)

Jessica Sierra Hope ANDERSON By and Through Guardian Ad Litem Jerry H. JEROME, Tammy Anderson and Husband, Dale Anderson, Plaintiffs, v. TOWN OF ANDREWS and County of Cherokee, Defendants.

Court of Appeals of North Carolina.

November 4, 1997.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A. by Frank P. Graham and Christopher Z. Campbell, Asheville, for defendant-appellant Town of Andrews.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by Larry S. McDevitt and Katherine L. Roth, Asheville, for plaintiffs-appellees.

WYNN, Judge.

In general, municipalities in North Carolina are immune from liability for their negligent acts arising out of governmental activities unless the municipality waives such immunity by purchasing liability insurance. A plaintiff seeking recovery under such theory must allege waiver of immunity by purchase of insurance. Did the complaint in this case sufficiently allege waiver by stating: "Upon information and belief, Defendants each maintain, and at all...

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