ISENHOUR v. HUTTO

No. COA97-756.

501 S.E.2d 78 (1998)

Anita Faye ISENHOUR, individually and as Administratrix of the Estate of Anthony Darrell Isenhour, Jr., Deceased, Plaintiffs, v. Kimberly Ann HUTTO, Donald Stephen Hutto, Robbie Faye Morrison, individually and in her official capacity as a School Crossing Guard, and the City of Charlotte, a North Carolina Municipal Corporation, Defendants.

Court of Appeals of North Carolina.

June 2, 1998.


Attorney(s) appearing for the Case

Dean & Gibson by Rodney A. Dean and D. Christopher Osborn, Charlotte, for defendants-appellants.

Bailey, Patterson, Caddell, Hart & Bailey, P.A. by Michael A. Bailey, Charlotte, for plaintiffs-appellees.


WYNN, Judge.

Under the "public duty doctrine," state and municipal governmental entities are deemed to act for the general public and thus have no tort duty to protect individuals from harm by third parties. See Braswell v. Braswell, 330 N.C. 363, 370-71, 410 S.E.2d 897, 901 (1991), reh'g denied, 330 N.C. 854, 413 S.E.2d 550

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