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WRIGHT v. GASTON COUNTY

No. COA09-792.

698 S.E.2d 83 (2010)

Marcia WRIGHT, as Administrator of the Estate of Matthew Dillon Bowser, and Nichole McQueary, Plaintiffs, v. GASTON COUNTY, Shannon Saleet, Melanie Duncan, Christy Gantt, and Ann Putnam, Defendants.

Court of Appeals of North Carolina.

July 20, 2010.

Attorney(s) appearing for the Case

Gray, Layton, Kersh, Solomon, Furr & Smith, P.A., Gastonia, by William E. Moore, Jr. and Michael L. Carpenter, for plaintiff-appellants.

Stott, Hollowell, Palmer & Windham, L.L.P., Gastonia, by Martha Raymond Thompson, and Aaron C. Low, for defendant-appellants.

STEELMAN, Judge.

Where the Gaston County 911 call center provided for the health and welfare of the citizens of the county, the trial court properly held as a matter of law that the 911 call center performs a governmental function. Where defendants' insurance policy contains a provision that expressly states that it does not waive the defense of governmental immunity, the trial court did not err by granting Gaston County's motion for summary judgment

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