WILLIAMS v. DEVERE CONST. CO., INC.

No. COA10-900.

716 S.E.2d 21 (2011)

Jonathan WILLIAMS and wife Jamie Kaufman Williams, PlaintiffS, v. DEVERE CONSTRUCTION COMPANY, INC., Davis, Martin, Powell & Associates, Inc., Terry's Plumbing & Utilities, Inc., and City of Thomasville, Defendants.

Court of Appeals of North Carolina.

August 16, 2011.


Attorney(s) appearing for the Case

Stone, Bowers, Gray & McDonald, P.A., Lexington, by Carl W. Gray , for plaintiff-appellants.

Little & Little, P.L.L.C., Raleigh, by Cathryn M. Little, Esq. , for defendant-appellant City of Thomasville.


BRYANT, Judge.

Because there exists an issue as to whether or not defendant City of Thomasville was engaged in a proprietary function that would make it subject to tort liability, we reverse the trial court's conclusion that defendant City of Thomasville was engaged in a governmental function and thereby entitled to governmental immunity. Nevertheless, assuming arguendo defendant City of Thomasville is not entitled to a defense of governmental immunity, we hold plaintiffs...

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