Clark v. Burke County

ARNOLD, Chief Judge.

Plaintiff argues on appeal that the trial court erred in granting defendants’ motion for summary judgment. In support of this argument, she contends that the action was not barred by governmental immunity and that her failure to plead waiver of immunity did not justify dismissal. She further contends that Deputy Smith’s actions were wilful and wanton, rising to the level of gross negligence, and that Sheriff Johnson’s failure to properly train Deputy Smith- signified a reckless disregard for the rights of the public.

Waiver of Immunity

Plaintiff contends that her failure to…