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LUCAS v. SWAIN COUNTY BD. OF EDUC.

No. COA02-253.

573 S.E.2d 538 (2002)

Sharon LUCAS, Plaintiff, v. SWAIN COUNTY BOARD OF EDUCATION, and Farley Construction Co., Inc., Defendants.

Court of Appeals of North Carolina.

December 3, 2002.

Attorney(s) appearing for the Case

Bridgers & Ridenour, PLLC, by Ben Oshel Bridgers and Eric Ridenour, Sylva, for plaintiff-appellee.

Roberts & Stevens, P.A., by Sarah Patterson Brison Meldrum, Asheville, for defendant-appellant Swain County Board of Education.

Yates, McLamb & Weyher, L.L.P., by Barbara B. Weyher; and Allison Schafer, Raleigh, for the North Carolina School Boards Association, amicus curiae.

Ferguson Stein Chambers Wallas Adkins Gresham & Sumter, P.A., by S. Luke Largess, Charlotte, for the North Carolina Academy of Trial Lawyers, amicus curiae.

MARTIN, Judge.

Swain County Board of Education ("defendant") appeals an order granting partial summary judgment in favor of Sharon Lucas ("plaintiff") on the issue of defendant's governmental immunity. For reasons stated herein, we affirm in part, reverse in part, and remand.

The facts pertinent to this appeal are as follows: plaintiff was injured on 18 September 1999 when she allegedly fell down concrete steps at the Swain County High School Football Stadium...

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