Legal Opinion

Myers v. McGrady

Court of Appeals of North Carolina

Decided June 7, 2005No. COA04-973PublishedCited by 7 opinions

1Opinion of the Court

WYNN, Judge.

The public duty doctrine is an exception to the Tort Claims Act and shields the State from liability for negligence claims arising from the alleged failure of law enforcement to prevent misconduct by a third party and the alleged failure of a state agency to detect and prevent misconduct of a third party through improper inspections. Here, Third-Party Defendants North Carolina Division of Forest Resources and North Carolina Department of Environment and Natural Resources (hereinafter referred to collectively as “Division of Forest Resources”) argue that the public duty doctrine…

2Cases cited23 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Goldston v. American Motors Corp.Supreme Court of North Carolina · 1990
  3. Weil v. . HerringSupreme Court of North Carolina · 1934
  4. State v. BentonSupreme Court of North Carolina · 1970
  5. Braswell v. BraswellSupreme Court of North Carolina · 1991

18 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Multiple v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006
  2. T&A Amusements, LLC v. McCroryCourt of Appeals of North Carolina · 2017
  3. G.S.C. Holdings, LLC v. McCroryCourt of Appeals of North Carolina · 2017
  4. Multiple v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006
  5. Multiple v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2006

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API