Pulliam v. City of Greensboro

WELLS, Judge.

Plaintiffs assign error to the trial court’s granting of summary judgment in favor of defendant. Plaintiffs contend that questions of material fact exist as to whether defendant’s operation and maintenance of its sewer lines was a proprietary or governmental function; if a governmental function, then whether defendant waived its governmental immunity by participating in a risk pool; and if so, whether plaintiffs’ forecast of evidence presented a material question of fact regarding defendant’s negligence.

Summary judgment is properly granted “if the pleadings, depositions, answers…