Pigott v. City of Wilmington

WHICHARD, Judge.

In Smith v. State, 289 N.C. 303, 331, 222 S.E.2d 412, 430 (1976), Chief Justice Sharp, writing for our Supreme Court, stated the following:

[A]s this Court said in Smith v. Hefner, 235 N.C. 1, 7, 68 S.E. 2d 783, 787 (1952), “It is settled law in this jurisdiction that a public official, engaged in the performance of governmental duties involving the exercise of judgment and discretion, may not be held personally liable for mere negligence in respect thereto. The rule in such cases is that an official may not be held liable unless it be alleged and proved that his act, or…