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SCHMIDT v. BREEDEN

No. COA98-422.

517 S.E.2d 171 (1999)

Joy E. SCHMIDT, Individually and as Guardian Ad Litem for Michael Anthony Schmidt, Plaintiff, v. Laurie BREEDEN, Jennifer Owens and the Charlotte-Mecklenburg Board of Education, Defendants.

Court of Appeals of North Carolina.

July 20, 1999.

Attorney(s) appearing for the Case

Justice & Eve, P.A., by David L. Edwards, Charlotte, for plaintiff-appellee.

Charles G. Monnett III, Charlotte, for plaintiff-appellee.

Smith Helms Mulliss & Moore, L.L.P., by James G. Middlebrooks and Elizabeth Baker Scanlan, Charlotte, for defendants-appellants.

JOHN, Judge.

Defendants appeal the trial court's denial of their motion for partial summary judgment predicated upon governmental immunity. We affirm in part and reverse in part.

Pertinent facts and procedural history include the following: On 15 January 1992, Michael Anthony Schmidt (Michael) was a six year old student enrolled in a voluntary after-school enrichment program operated and controlled by defendant Charlotte-Mecklenburg Board of Education (the...

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