Legal Opinion
Craig Ex Rel. Craig v. New Hanover County Board of Education
Supreme Court of North Carolina
Decided June 18, 2009No. 484PA07PublishedCited by 257 opinions
1Opinion of the Court
HUDSON, Justice.
This case requires us to determine whether plaintiffs common law negligence claim, which will ultimately be defeated by governmental immunity because of its exclusion from defendant Board of Education’s insurance coverage, provides an adequate remedy at state law. We hold that it does not and that plaintiff may therefore bring his colorable claims directly under the North Carolina Constitution. We reverse the Court of Appeals.
PROCEDURAL BACKGROUND
Jon-Paul Craig 1 (plaintiff) filed this action on 20 September 2006 to recover monetary damages from the New Hanover County Board of…
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