Combs v. Town of Belhaven, NC

HEDRICK, Chief Judge.

The only question brought forward and argued on appeal is whether the trial court erred in holding as a matter of law that defendant Town of Belhaven had not waived sovereign immunity with regard to actions by town employees such as those set forth in plaintiff’s complaint.

Under the common law, a municipality may not be held liable for torts committed by its employees in their performance of a governmental function. Shuping v. Barber, 89 N.C. App. 242, 246, 365 S.E.2d 712, 715’(1988), citing Galligan v. Town of Chapel Hill, 276 N.C. 172, 175, 171 S.E.2d 427, 429 (1970);…