Herring v. Winston-Salem/Forsyth County Board of Education

WYNN, Judge.

Sovereign immunity is a common law theory or defense established by the courts to protect a sovereign or state and its agents from suit.1 The defendants in this case contend that the trial court erred in denying their summary judgment motion based on the doctrine of sovereign immunity. Because we hold that (1) the doctrine of sovereign immunity applies in this case and (2) the defendants did not waive their immunity through the purchase of liability insurance under N.C. Gen. Stat. § 115C-42, we reverse the trial court’s judgment denying the defendants’ summary judgment motion.

In…