Wright v. Gaston County

21 Citing cases

  1. Cline v. James Bane Home Bldg., LLC

    278 N.C. App. 12 (N.C. Ct. App. 2021)   Cited 2 times

    We have previously interpreted similar provisions in liability insurance contracts. SeePatrick v. Wake Cty. Dep't of Human Servs., 188 N.C. App. 592, 655 S.E.2d 920 (2008) ; Wright v. Gaston Cty. , 205 N.C. App. 600, 698 S.E.2d 83 (2010). ยถ 20 In Patrick , the plaintiff filed a complaint against the defendants in their official capacities as supervisors of the Child Protective Services of the Wake County Department of Human Services.

  2. Mead v. Shaw

    CIVIL ACTION NO. 3:12-CV-00132-GCM (W.D.N.C. Jan. 25, 2016)   Cited 1 times

    Stated differently, "[c]ounties only waive immunity to the extent that [they are] indemnified by the insurance contract from liability for the acts alleged." Wright v. Gaston Cty., 698 S.E.2d 83, 87 (N.C. Ct. App. 2010); accord. Dawes v. Nash Cty., 584 S.E.2d 760, 763 (N.C. Ct. App. 2003); Combs v. Town of Belhaven, 415 S.E.2d 91, 92 (N.C. Ct. App. 1992).

  3. Lee v. Cnty. of Cumberland

    No. COA17-446 (N.C. Ct. App. Feb. 6, 2018)

    North Carolina Child Support enforcement procedures are a creature of statute. N.C. Gen. Stat. ยง 110-128 et seq. As such, the activities carried out pursuant to statute are governmental by nature. See Wright v. Gaston County, 205 N.C. App. 600, 604, 698 S.E.2d 83, 88 (2010) (holding that providing for the health and welfare of the citizens of the county is a legitimate and traditional function of county government); Dalenko, 157 N.C. App. at 56, 578 S.E.2d at 603 (holding a social worker whose discretion is created by statutory authority has governmental immunity). Here, Plaintiff alleged in his amended complaint Cumberland County waived governmental immunity by the purchase of liability insurance.

  4. Knibbs v. Momphard

    30 F.4th 200 (4th Cir. 2022)   Cited 105 times
    Concluding same where the defendant officer "was only trying to investigate a dispute between neighbors that may have involved an attempted misdemeanor property crime"

    See Meyer v. Walls , 347 N.C. 97, 489 S.E.2d 880, 884 (1997). Relevant here, a county sheriff's office may waive its governmental immunity by purchasing liability insurance, Wright v. Gaston County , 205 N.C.App. 600, 698 S.E.2d 83, 87 (2010), or a surety bond (as it is statutorily mandated to do), see N.C. Gen. Stat. ยง 162โ€“8 ; White v. Cochran , 229 N.C.App. 183, 748 S.E.2d 334, 339โ€“40 (2013). The district court granted summary judgment to Defendants on all official capacity claims, finding that neither the Macon County Sheriff's Office's liability insurance policy nor its surety bond waived its governmental immunity.

  5. Sutton v. Rockingham Cnty.

    1:21CV95 (M.D.N.C. Mar. 30, 2022)

    A government function is a โ€œdiscretionary, political, legislative, or publicโ€ activity โ€œperformed for the public good [on] behalf of the State rather than for itself.โ€ Wright v. Gaston Cty., 698 S.E.2d 83, 87 (N.C. Ct. App. 2010) (quoting Britt v. Wilmington, 73 S.E.2d 289, 293 (N.C. 1952)). Plaintiffs do not dispute that Defendants' police and paramedic services are government functions.

  6. Hogan v. Cherokee Cnty.

    519 F. Supp. 3d 263 (W.D.N.C. 2021)   Cited 9 times

    In light of the clear precedent established by the North Carolina Court of Appeals, the Court concludes that the exclusionary provisions in the County's insurance policy are affective to defeat an argument of waiver. See Wright v. Gaston Cnty., 205 N.C. App. 600, 608, 698 S.E.2d 83, 89โ€“90 (2010). For all these reasons, the Court concludes that the County has not waived its governmental immunity from suit for the state tort claims.

  7. Rogers v. City of Coll. Park

    Case No. 1:16-cv-01556 (N.D. Ga. Sep. 3, 2019)   Cited 1 times

    The court explained that "[a] public entity does not waive its sovereign immunity by maintaining an insurance policy where that policy includes a provision stating that the policy is not meant to constitute a waiver of sovereign immunity." Id.; see also Hammer v. City of Osage Beach, 318 F.3d 832, 841 (8th Cir. 2003) (finding city's insurance policy contained language expressly limiting city's liability beyond specific statutes); Wright v. Gaston Cty., 698 S.E.2d 83, 89 (N.C. Ct. App. 2010) (holding plaintiff's claim barred by insurance provision stating that statutory and common law immunities were not waived); Lunsford v. Renn, 700 S.E.2d 94, 100 (N.C. Ct. App. 2010) (granting summary judgment for defendant when insurance policy made clear it did not waive governmental immunity). Plaintiff alleges that whether Defendant waived sovereign immunity by buying liability insurance creates a disputed issue of fact.

  8. Hogan v. Cherokee Cnty.

    1:18 CV 96 (W.D.N.C. Feb. 27, 2019)   Cited 2 times

    However, such a waiver is effective only to the extent that tort liability is actually covered by the applicable insurance policy; "governmental immunity is not waived if the insurance policy has a clear provision excluding claims that would qualify for governmental immunity." Poole v. Cty., No. 315CV00309FDWDCK, 2016 WL 4267792, at *5 (W.D.N.C. Aug. 11, 2016) (citing Wright v. Gaston Cty., 698 S.E.2d 83, 88 (N.C. Ct. App. 2010)).

  9. MB Realty Grp., Inc. v. Gaston Cnty. Bd. of Educ.

    DOCKET NO. 3:17-cv-00427-FDW-DCK (W.D.N.C. Jul. 10, 2018)

    N.C. Gen. Stat. ยง 153A-435(b) ("To the extent of the coverage of insurance . . . governmental immunity may not be a defense to the action. Otherwise, however, the county has all defenses available to private litigants in any action brought pursuant to this section without restriction, limitation, or other effect . . . ."); see also Wright v. Gaston Cty., 698 S.E.2d 83, 87 (N.C. Ct. App. 2010). This limitation on waiver includes exclusionary clauses reserving all rights to assert sovereign immunity.

  10. Mosk v. Gaston Cnty.

    3:17-cv-00177-RJC-DSC (W.D.N.C. Mar. 30, 2018)   Cited 1 times

    Even if a municipality has insurance coverage, governmental immunity is not waived if the insurance policy has a clear provision excluding claims that would qualify for governmental immunity. Poole v. Gaston Cnty., 2016 U.S. Dist. LEXIS 106334, at *13-15 (W.D.N.C. Aug. 11, 2016) (citing Wright v. Gaston Cnty., 698 S.E.2d 83, 88 (N.C. App. 2010)).