Legal Opinion

Kirkpatrick v. Town of Nags Head

Court of Appeals of North Carolina

Decided July 5, 2011No. COA10-309PublishedCited by 2 opinions

1Opinion of the Court

ERVIN, Judge.

Defendant Town of Nags Head appeals from an order denying its motion for summary judgment predicated on governmental immunity grounds. On appeal, Defendant contends that the trial court erred by failing to conclude that it was immune from liability based upon the claims asserted against it by Plaintiffs Neil M. Kirkpatrick and Cheryl B. Kirkpatrick on governmental immunity grounds and that it had not waived governmental immunity by purchasing insurance. After careful consideration of Defendant’s challenges to the trial court’s order in light of the record and the applicable law,…

2Cases cited29 opinions

  1. Calloway v. Ford Motor CompanySupreme Court of North Carolina · 1972
  2. Gaston County Dyeing MacHine Co. v. Northfield InsuranceSupreme Court of North Carolina · 2000
  3. Moore v. Coachmen Industries, Inc.Court of Appeals of North Carolina · 1998
  4. Britt v. City of WilmingtonSupreme Court of North Carolina · 1952
  5. Evans v. Housing Auth. of City of RaleighSupreme Court of North Carolina · 2004

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3Cited by2 opinions

  1. Parker v. Town of ErwinCourt of Appeals of North Carolina · 2015
  2. Arrington v. MartinezCourt of Appeals of North Carolina · 2011

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