Waters v. Biesecker

BECTON, Judge.

The issues on appeal are whether the trial court erred (1) in denying the Board’s motion to dismiss based on (a) governmental immunity, and (b) plaintiff’s failure to give notice to the City of Lexington of his claim within six months as required by N.C. Gen. Stat. § 1-539.15; and (2) in denying the Board’s motions for directed verdict, to set aside the verdict, and for a new trial. Based on our review of the record and the applicable law, we find no error in the trial.

I(a) Governmental Immunity

In determining whether a governmental body will be held liable in tort for…