Legal Opinion · Concurrence

Ripellino v. North Carolina School Boards Ass'n

Court of Appeals of North Carolina

Decided March 7, 2006No. COA04-1681Published

1Concurrence

•LEVINSON, Judge

concurring in part and dissenting in part.

I concur with the conclusion of the majority opinion that plaintiff’s injuries did not fall within Exclusion 18 of the Coverage Agreement, and that the trial .court’s order must be reversed and remanded for entry of summary judgment in favor of plaintiffs in this respect. However, I disagree with the conclusion that the constitutional claims survived defendants’ Rule 12(c) motions, and therefore respectfully dissent from these portions of the majority opinion. Because it is unnecessary to do so, I make no comment on whether a *457local…

2Cases cited20 opinions

  1. Nordlinger v. HahnSupreme Court of the United States · 1992
  2. Daniel L. Veney v. T v. Wyche Darnley R. Hodge, SuperintendentCourt of Appeals for the Fourth Circuit · 2002
  3. Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
  4. Ragsdale v. KennedySupreme Court of North Carolina · 1974
  5. Good Hope Hospital, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2005

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