WHITFIELD v. GILCHRIST

No. 287PA97.

497 S.E.2d 412 (1998)

348 N.C. 39

Paul L. WHITFIELD, P.A., a North Carolina Professional Association v. Peter S. GILCHRIST, III, as District Attorney of the 26th Judicial District of the State of North Carolina; and the State of North Carolina, a sovereign governmental entity.

Supreme Court of North Carolina.

April 3, 1998.


Attorney(s) appearing for the Case

Whitfield and Whitfield, P.A. by Paul L. Whitfield; and Odom & Groves, P.C. by T. LaFontine Odom, Charlotte, for plaintiff-appellee.

Michael F. Easley, Attorney General by Charles J. Murray, Special Deputy Attorney General, for defendant-appellant State of North Carolina.


MITCHELL, Chief Justice.

The question presented for review is whether the doctrine of sovereign immunity bars recovery in quantum meruit upon an action based on a contract implied in law against the State of North Carolina. We conclude that a contract implied in law is insufficient to constitute a waiver of sovereign immunity. We therefore reverse the decision of the Court of Appeals.

Plaintiff made the following allegations in the complaints filed...

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