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RIPELLINO v. SCHOOL BOARD ASS'N, INC.

No. COA02-1309.

581 S.E.2d 88 (2003)

Michael G. RIPELLINO, Louise A. Ripellino and Nicole Ripellino, Plaintiffs, v. The NORTH CAROLINA SCHOOL BOARDS ASSOCIATION, INCORPORATED; North Carolina School Boards Trust, a division and/or department of, created and administered by, The North Carolina School Boards Association, Incorporated; 1982 North Carolina School Boards Association Self-Funded Trust Fund, a division and/or department of, created and administered by, The North Carolina School Boards Association, Incorporated; 1986 North Carolina School Boards Association Self-Funded Errors and Omissions/General Liability Trust Fund, a division and/or department of, created and administered by, The North Carolina School Boards Association, Incorporated; 1997 North Carolina School Boards Association Self-Funded Auto/Inland Marine Trust Fund, a division and/or department of, created and administered by, The North Carolina School Boards Association, Incorporated, and The Johnston County Board of Education, Defendants.

Court of Appeals of North Carolina.

June 17, 2003.

Attorney(s) appearing for the Case

Mast, Schulz, Mast, Mills, Stem & Johnson, P.A., by Bradley N. Schulz and Don R. Wells, Smithfield, for plaintiffs.

Yates, McLamb & Weyher, LLP, by Barbara B. Weyher, Raleigh, for the Trust defendants.

Cranfill, Sumner & Hartzog, LLP, by Stephanie Hutchins Autry, Raleigh, for Johnston County Board of Education.

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Jill R. Wilson, Greensboro, for North Carolina Council of School Attorneys, amicus curiae.

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

TYSON, Judge.

Michael G. Ripellino, Louise A. Ripellino, and Nicole Ripellino ("Nicole") (collectively "plaintiffs") appeal from an entry of summary judgment in favor of all defendants. We affirm in part, reverse in part, and remand.

I. Background

At the end of classes on 9 March 1998, Nicole was departing from Clayton High School in Johnston County in her parent's vehicle. A traffic control gate owned by the Johnston County Board of Education...

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