Lindler v. Duplin County Board of Education

EAGLES, Judge.

Plaintiff argues that the trial court erred by granting the defendant’s Rule 12(b)(6) motion. Specifically, plaintiff argues that the defendant, Duplin County Board of Education (Board), waived its sovereign immunity pursuant to G.S. § 115C-42 by purchasing liability insurance which allegedly covered the plaintiffs injuries. The defendant, on the other hand, argues that G.S. § 115C-524(b) and Plemmons v. City of Gastonia, 62 N.C. App. 470, 302 S.E.2d 905, disc. review denied, 309 N.C. 322, 307 S.E.2d 165, 166 (1983) prevent liability from attaching to the Board because the…