Arrington v. Martinez

STROUD, Judge.

The City of Raleigh (“defendant”) appeals from a trial court’s order granting in part its motion for summary judgment but denying its “motion for summary judgment. . . based on immunity[.]” For the following reasons, we reverse and remand the trial court’s order.

I. Background

Plaintiff, individually and as an administrator of Nyles Arrington’s estate, filed a complaint against Rosalinda Martinez, the owner of La Rosa Linda’s Mexican Restaurant; Michelle Peele, in her capacity as an officer for the Raleigh Police Department and as security for La Rosa Linda’s Mexican Restaurant;…