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SANDY CREEK v. EAST COAST CONTRACTING

No. COA12-561.

736 S.E.2d 793 (2012)

The TOWN OF SANDY CREEK, Plaintiff, v. EAST COAST CONTRACTING, INC., Michael D. Hobbs, Engineering Services, PA, Charles David Dickenson, Todd S. Steele and RLI Insurance Company, Defendants, and East Coast Contracting, Inc., Third-Party Plaintiff, v. The City of Northwest, Third-Party Defendant.

Court of Appeals of North Carolina.

December 18, 2012.

Attorney(s) appearing for the Case

Smith Parsons, Charlotte, by Steven L. Smith and Matthew E. Orso , for third-party plaintiff appellee.

Crossley McIntosh Collier Hanley & Edes, PLLC, Wilmington, by Justin K. Humphries and Clay Allen Collier , for third-party defendant appellant.

McCULLOUGH, Judge.

The City of Northwest ("Northwest"), appeals from the trial court's denial of its motion to dismiss East Coast Contracting, Inc.'s ("ECC") third-party complaint. For the following reasons, we affirm the denial of Northwest's motion on the limited basis of governmental immunity.

I. Background

This case began 9 September 2010 when The Town of Sandy Creek ("Sandy Creek") filed suit against ECC, Engineering Services, PA ("ES...

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