Davis Ex Rel. Gholston v. Cumberland County Board of Education

GEER, Judge.

Plaintiff Betty Gholston, on her own behalf and as guardian for Tyson Davis, appeals from the trial court’s order granting summary judgment to defendant, Cumberland County Board of Education (“the Board”), in this premises liability action. Tyson Davis, who was six years old at the time, was severely and tragically injured when he fell through bleachers located on the premises of the Board’s Seventy-First High School. Because the Board presented evidence that it was not negligent — in that the bleachers complied with the North Carolina Building Code (“the Building Code”) and it…