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DOE v. CHARLOTTE-MECKLENBURG BD. OF EDUC.

No. COA11-1466.

731 S.E.2d 245 (2012)

Jane DOE, Plaintiff, v. The CHARLOTTE-MECKLENBURG BOARD OF EDUCATION and Richard Priode, individually and as an employee of the Charlotte-Mecklenburg Board of Education, Defendants.

Court of Appeals of North Carolina.

August 21, 2012.

Attorney(s) appearing for the Case

Essex Richards, P.A., Charlotte by Edward G. Connette and T. Patrick Matus and Karro, Sellers & Langson, Charlotte by Seth Langson , for plaintiff-appellee.

Parker, Poe, Adams & Bernstein L.L.P., Charlotte by Anthony Fox and Benjamin Sullivan , for defendant-appellant the Charlotte-Mecklenburg Board of Education.

North Carolina Advocates for Justice, by David C. Pishko , Winston-Salem and Lauren Weinstein , amicus curiae.

ERVIN, Judge.

Defendant Charlotte-Mecklenburg Board of Education appeals from an order denying its motion to dismiss Plaintiff's complaint for failing to state a claim upon which relief could be granted. In its brief, the Board contends that (1) its appeal, although interlocutory, is properly before this Court because the trial court's order amounted to a rejection of the Board's governmental immunity claim; (2) the Supreme...

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