Gardner v. City of Concord

The plaintiff, Beverly N. Gardner, appeals the decision of the Superior Court {Dickson, J.), dismissing her action *255against the City of Concord (city). She argues that the trial court erred by ruling that the city was immune from liability under the discretionary function exception to the abrogation of municipal immunity. Because not all of the acts or omissions alleged as negligent necessarily implicate discretionary functions, we reverse and remand.

On December 1, 1988, the plaintiff sustained personal injuries when she fell on a sidewalk on Depot Street in Concord. The plaintiff sued the…