Thompson v. Waters

FRYE, Chief Justice.

Plaintiffs filed a complaint in Superior Court, Lee County, alleging negligent inspection by defendant Lee County and negligent construction by defendant Michael Waters. Defendant Lee County contends that the public duty doctrine bars plaintiffs’ claim. We conclude that the public duty doctrine does not bar plaintiffs’ claim against Lee County for negligent inspection.

This appeal is before us based on defendant Lee County’s motion to dismiss for failure to state a claim upon which relief can be granted, N.C. R. Civ. P. 12(b)(6); thus, we treat plaintiffs’ factual alie…