Legal Opinion
MacDonald v. University of North Carolina at Chapel Hill
Supreme Court of North Carolina
Decided March 5, 1980No. 36PublishedCited by 23 opinions
1Opinion of the Court
BRITT, Justice.
By its first assignment of error, defendant argues that the trial court erred in denying its motions to dismiss. Defendant contends that it is an agency of the State of North Carolina and thus enjoys the protection of sovereign immunity. The essence of its argument is that this court did not provide for retroactive application of the holding of the case of Smith v. State, 289 N.C. 303, 222 S.E. 2d 412 (1976), in which the doctrine of sovereign immunity for breach of contract was abrogated.
Prior to our decision in Smith, it had long been the rule in North Carolina that the…
2Cases cited11 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Shearin v. LloydSupreme Court of North Carolina · 1957
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Great American Insurance Company v. GoldSupreme Court of North Carolina · 1961
- Thurston Motor Lines, Inc. v. General Motors Corp.Supreme Court of North Carolina · 1962
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Susan Farrell v. Planters Lifesavers Company Nabisco, IncCourt of Appeals for the Third Circuit · 2000
- Huang v. Board Of Governors Of The University Of North CarolinaCourt of Appeals for the Fourth Circuit · 1990
- Fowler v. ValencourtSupreme Court of North Carolina · 1993
- Huang v. Board of GovernorsCourt of Appeals for the Fourth Circuit · 1990
- Mayberry v. DeesCourt of Appeals for the Fourth Circuit · 1981
18 more not listed; retrieve them via the Exa API.