Matternes v. City of Winston-Salem

The majority appears to be persuaded that the complaint alleges the City failed to correct or remove a dangerous, condi*17tion, as opposed to alleging affirmative acts of negligence. Reasoning that the plaintiff could not proceed against the State under the Tort Claims Act for failure of the Board of Transportation to remove a dangerous condition, the Court holds that the plaintiff could not proceed against the City which was under contract with the Board of Transportation to remove such a condition. I respectfully dissent from that view.

Prior to the Tort Claims Act, the doctrine of governmental…