EAKES v. CITY OF DURHAM

No. COA96-543.

481 S.E.2d 403 (1997)

Gertrude C. EAKES, Executrix of the Estate of Walter Lewis Eakes, Plaintiff, v. The CITY OF DURHAM, Defendant.

Court of Appeals of North Carolina.

March 4, 1997.


Attorney(s) appearing for the Case

King, Walker, Lambe & Crabtree by Guy W. Crabtree, Durham, for plaintiff.

Faison & Gillespie by Reginald B. Gillespie, Jr. and Keith D. Burns, Durham, for defendant.


EAGLES, Judge.

By her sole assignment of error, the plaintiff contends that the trial court erred in granting summary judgment to the City on the grounds of governmental immunity when genuine issues of material fact exist as to the City's control over the intersection of Elba Street, Trent Drive and N.C. Highway 147.

The question raised here is whether governmental immunity protects a municipality from suit for damages caused by a dangerous condition on a...

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