1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 678 S.E.2d
  5. 678 S.E.2d 351 (2009)
 

CRAIG EX REL. CRAIG v. NEW HANOVER COUNTY

No. 484PA07.

678 S.E.2d 351 (2009)

Jon-Paul CRAIG, by his mother and next friend, Kimberly CRAIG v. NEW HANOVER COUNTY BOARD OF EDUCATION and Annette Register, in her official and individual capacity.

Supreme Court of North Carolina.

June 18, 2009.

Attorney(s) appearing for the Case

Patterson Harkavy LLP, by Burton Craige, Raleigh, for plaintiff-appellant.

Hogue Hill Jones Nash & Lynch, LLP, by David A. Nash, Wilmington, for defendant-appellee New Hanover County Board of Education.

Allison Schafer, Legal Counsel, Raleigh, for North Carolina School Boards Association, amicus curiae.

HUDSON, Justice.

This case requires us to determine whether plaintiff's common law negligence claim, which will ultimately be defeated by governmental immunity because of its exclusion from defendant Board of Education's insurance coverage, provides an adequate remedy at state law. We hold that it does not and that plaintiff may therefore bring his colorable claims directly under the North Carolina Constitution. We reverse the Court of Appeals.

PROCEDURAL...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases