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FOSTER v. NASH-ROCKY MOUNT CTY. BD. OF EDUC.

No. COA07-1233.

665 S.E.2d 745 (2008)

Jeffrey B. FOSTER, Guardian ad litem for Richard Tyler Spoor, a minor, Plaintiff, v. NASH-ROCKY MOUNT COUNTY BOARD OF EDUCATION a/k/a NashRocky Mount Schools; George Norris, former Superintendent of NashRocky Mount Board of Education, in his official capacity; Vicki Wells, former principal of Benvenue Elementary School, in her official capacity; and Harriett Brown, special education teacher at Benvenue Elementary School in both her individual and official capacities, Defendants.

Court of Appeals of North Carolina.

July 15, 2008.

Attorney(s) appearing for the Case

Stacey B. Bawtinhimer, New Bern, for plaintiff-appellant.

The Valentine Law Firm, by Lewis W. Lamar, Jr., Nashville, and Ernie K. Murray, Rocky Mount, for defendant-appellees Nash-Rocky Mount Board of Education, George Norris and Vicki Wells in their official capacities.

Cranfill Sumner & Hartzog, LLP, by Ann S. Estridge, Alycia S. Levy, and Meredith Taylor Berard, Raleigh, for defendant-appellee Harriett Brown.

HUNTER, Judge.

Jeffrey B. Foster, as guardian ad litem for Richard Tyler Spoor ("plaintiff"), appeals the order granting a motion for summary judgment by the Nash — Rocky Mount County Board of Education ("defendant Board") and Harriet Brown ("defendant Brown"). After careful review, we affirm.

I.

On 18 October 1999, plaintiff was attending Benvenue Elementary School in Rocky Mount. At that time, plaintiff was seven years old and had...

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