EEE-ZZZ Lay Drain Co. v. North Carolina Department of Human Resources

LEWIS, Judge.

By this appeal we evaluate whether the trial court properly denied defendants’ motions to dismiss and for summary judgment based upon immunity. We hold that the trial court erred in denying these motions, and therefore reverse and remand.

This case centers around an innovative sewage system invented and patented by the owners of plaintiff EEE-ZZZ Lay Drain Company. Plaintiff is in the business of designing, building, selling and servicing sewage systems. Plaintiff designed a new type of nitrification trench and line. A nitrification line typically uses gravel or small porous rocks…