James v. Charlotte-Mecklenburg Board of Education

WELLS, Judge.

In their motion for directed verdict, defendants asserted two specific grounds: one, limited immunity, and two, an insufficient showing of negligence. Both grounds are, therefore, before us in this appeal, and we shall deal with them seriatim.

I. Immunity. The record shows that, pursuant to the provisions of G.S. 115-53, the Board was insured against tort liability. The purchase of such insurance constitutes a waiver of governmental immunity by defendant Board. See Clary v. Board of Education, 286 N.C. 525, 212 S.E. 2d 160 (1975). We therefore assume that the trial court’s…