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ESTATE OF WILLIAMS EX REL. OVERTON v. PASQUOTANK COUNTY

No. 231PA11.

732 S.E.2d 137 (2012)

ESTATE OF Erik Dominic WILLIAMS, by and through Easter Williams OVERTON, Personal Representative v. PASQUOTANK COUNTY PARKS & RECREATION DEPARTMENT and Pasquotank County.

Supreme Court of North Carolina.

August 24, 2012.

Attorney(s) appearing for the Case

Dixon & Thompson Law PLLC, by Sanford W. Thompson, IV and Samuel B. Dixon ; Edenton, and Law Offices of Janice McKenzie Cole PLLC, Raleigh, by Janice M. Cole , for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, LLP, Raleigh, by Burley B. Mitchell, Jr. and Robert T. Numbers, II , for defendant-appellants.

Wanda M. Copley , County Attorney, and Sharon J. Huffman , Assistant County Attorney, for New Hanover County; and Nelson Mullins Riley & Scarborough, LLP, Raleigh, by Leon Killian, III , for Haywood County, amici curiae.

Sharon G. Scudder , General Counsel, for North Carolina Association of County Commissioners, amicus curiae.

Walker, Allen, Grice, Ammons & Foy, L.L.P., Goldsboro, by Jerry A. Allen, Jr. , for North Carolina Association of EMS Administrators, amicus curiae.

Kimberly S. Hibbard , General Counsel, and Gregory F. Schwitzgebel, III , Senior Assistant General Counsel, for North Carolina League of Municipalities, amicus curiae.

Barbara B. Weyher , Raleigh, and Andrew C. Buckner , Sylva, for North Carolina School Boards Association, amicus curiae.

Edmond W. Caldwell, Jr. , General Counsel, for North Carolina Sheriffs' Association, amicus curiae.

Roger A. Askew , Deputy County Attorney, and Scott W. Warren , County Attorney, for Wake County; and Michael Frue , County Attorney, for Buncombe County, amici curiae.

TIMMONS-GOODSON, Justice.

In this case we consider whether the trial court erred in denying a motion for summary judgment based upon governmental immunity. We take this opportunity to restate our jurisprudence of governmental immunity and, in light of our restatement, we vacate and remand the decision of the Court of Appeals for further remand to the trial court for proceedings not inconsistent with this opinion. In reaching our conclusion, we express no opinion whether...

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