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ESTATE OF LADD BY LADD v. FUNDERBURK

No. COA22-109.

879 S.E.2d 731 (2022)

2022-NCCOA-676

The ESTATE OF Paul G. LADD, Jr., BY Its Administrator Dianne LADD, and Dianne Ladd, Plaintiffs, v. Thomas FUNDERBURK, Mary Funderburk, the Thomas Funderburk Revocable Living Trust, and the Mary Funderburk Revocable Living Trust, Defendants/Third-Party Plaintiffs-Appellees, v. Town of Matthews, North Carolina, Third-Party Defendant-Appellant.

Court of Appeals of North Carolina.

Filed October 18, 2022.

Attorney(s) appearing for the Case

Cranfill Sumner LLP, by Steven A. Bader , Raleigh, and Patrick H. Flanagan , Charlotte, for Third-Party Defendant-Appellant.

Hedrick Gardner Kincheloe & Garofalo LLP, Charlotte, by M. Duane Jones , Allen C. Smith and C. Andrew Dandison , for Third-Party Plaintiffs-Appellees.

¶ 1 In this case we must determine if a town is immune from suit when a tree on private property falls upon a vehicle traveling on a public street.

I. Facts

¶ 2 The Town of Matthews is like many suburbs in our growing State. Though new businesses and homes have appeared in recent years, the natural charm...

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