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STACY v. MERRILL

No. COA07-1466.

664 S.E.2d 565 (2008)

Anderson Timothy STACY, individually, and as Guardian Ad Litem for Zachary Allen Stacy and Jacob Nathaniel Stacy, minor children, Plaintiffs, v. Dr. James G. MERRILL, in his capacity as Superintendent of Alamance-Burlington Board of Education, Al Smith, in his capacity as Director of Transportation of Alamance-Burlington Board of Education, and Jean Maness, in her capacity as Principal of R. Homer Andrews Elementary School, and Alamance-Burlington Board of Education, Defendants.

Court of Appeals of North Carolina.

June 17, 2008.

Attorney(s) appearing for the Case

Forman Rossabi Black, P.A., by Amiel J. Rossabi and Emily J. Meister, Greensboro, for plaintiff-appellants.

Cranfill Sumner & Hartzog, L.L.P., by Ann S. Estridge, Alycia S. Levy, and Allison Serafin, Raleigh, for defendant-appellees.

STEELMAN, Judge.

Where defendants did not waive governmental immunity, the trial court did not err in dismissing plaintiffs' complaint.

I. Factual and Procedural Background

On 20 August 2004, Zachary and Jacob Stacy ("the minor plaintiffs"), brothers of decedent, Quentin Stacy, were students at R. Homer Andrews Elementary School. Plaintiff Anderson Timothy Stacy is the father of the minor plaintiffs.

When school was dismissed on 20...

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