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EASTWAY WRECKER v. CITY OF CHARLOTTE

No. COA03-399.

599 S.E.2d 410 (2004)

EASTWAY WRECKER SERVICE, INC., Plaintiff-Appellant, v. CITY OF CHARLOTTE, Defendant-Appellee.

Court of Appeals of North Carolina.

August 3, 2004.

Attorney(s) appearing for the Case

The Odom Firm, P.L.L.C., by T. LaFontine Odom, Sr. and Thomas L. Odom, Jr., Charlotte, for plaintiff-appellant.

City Attorney's Office, by Senior Assistant City Attorney Cynthia White, for defendant-appellee.

GEER, Judge.

Plaintiff Eastway Wrecker Service, Inc. ("Eastway") appeals from an order dismissing its claims against defendant City of Charlotte based on quantum meruit and negligent misrepresentation. We hold that the quantum meruit cause of action is barred by sovereign immunity while the negligent misrepresentation cause of action failed to include all the allegations necessary to state a claim for relief. We, therefore, affirm.

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