Overcash v. Statesville City Board of Education

BECTON, Judge.

Harold Overcash and his son, Martin A. Overcash, sought recovery from defendant, Statesville City Board of Education, for injuries sustained by Martin Overcash while he participated in a school-sponsored baseball game on the premises of Statesville Senior High School. The defendant Board of Education moved to dismiss the action pursuant to Rule 12(b)(6) of the Rules of Civil Procedure on the grounds of governmental immunity. After con sidering affidavits and other evidence of the parties, thereby treating the motion as one for summary judgment, the trial court granted the…