Ray v. N.C. Department of Transportation

*506HUNTER, Robert C., Judge,

dissenting.

As I discern no meaningful distinction between the present case and Myers v. McGrady, 360 N.C. 460, 628 S.E.2d 761 (2006), I must conclude plaintiffs’ negligence claims are barred by the public duty doctrine and I respectfully dissent.1

The public duty doctrine “provides that when a governmental entity owes a duty to the general public, particularly a statutory duty, individual plaintiffs may not enforce the duty in tort.” Id. at 465-66, 628 S.E.2d at 766. In Myers, the plaintiff and third-party plaintiffs (collectively “the plaintiffs”) filed claims of…