Legal Opinion

Eastway Wrecker Service, Inc. v. City of Charlotte

Court of Appeals of North Carolina

Decided August 3, 2004No. COA03-399PublishedCited by 38 opinions

1Opinion of the Court

GEER, Judge.

■ Plaintiff Eastway Wrecker Service, Inc. (“Eastway”) appeals from an order dismissing its claims against defendant City of Charlotte based on quantum meruit and negligent misrepresentation. We hold that the quantum meruit cause of action is barred by sovereign immunity while the negligent misrepresentation cause of action failed to include all the allegations necessary to state a claim for relief. We, therefore, affirm.

Factual Background

Plaintiff entered into an agreement with defendant providing that plaintiff would tow, store, and dispose of motor vehicles, as directed by the…

2Cases cited15 opinions

  1. Sutton v. DukeSupreme Court of North Carolina · 1970
  2. Smith v. StateSupreme Court of North Carolina · 1976
  3. Oberlin Capital, L.P. v. SlavinCourt of Appeals of North Carolina · 2001
  4. Raritan River Steel Co. v. Cherry, Bekaert & HollandSupreme Court of North Carolina · 1988
  5. Hudson-Cole Development Corp. v. BeemerCourt of Appeals of North Carolina · 1999

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3Cited by38 opinions

  1. Weaver v. Saint Joseph of the Pines, Inc.Court of Appeals of North Carolina · 2007
  2. Carlisle v. KeithCourt of Appeals of North Carolina · 2005
  3. Walker v. TOWN OF STONEVILLECourt of Appeals of North Carolina · 2011
  4. Teague v. Bayer AG Bayer Polymers, LLCCourt of Appeals of North Carolina · 2009
  5. Sanders v. State Personnel CommissionCourt of Appeals of North Carolina · 2007

33 more not listed; retrieve them via the Exa API.

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