Wilkie v. Henderson County

Two questions are presented by this appeal: Did the Superior Court commit error in adjudging that certain portions of the complaint should be stricken, and did it commit error in sustaining defendant’s demurrer ore tenus?

1. Among the paragraphs of the complaint affected by Judge Bryson’s order are paragraphs 6, 9, and 10.

These paragraphs, along with paragraph 7, relate to the securing of liability insurance and waiver of governmental immunity by defendant as provided by G.S. 153-9(44), part of which reads as follows:

“No part of the pleadings which relates to or alleges facts as to a…