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ESTATE OF WILLIAMS EX REL. OVERTON v. PASQUOTANK COUNTY

No. COA10-491.

711 S.E.2d 450 (2011)

ESTATE OF Erik Dominic WILLIAMS, by and through Easter Williams OVERTON, Personal Representative, Plaintiff, v. PASQUOTANK COUNTY PARKS & RECREATION DEPARTMENT and Pasquotank County, Defendants.

Court of Appeals of North Carolina.

May 3, 2011.

Attorney(s) appearing for the Case

Dixon & Thompson Law PLLC by Sanford W. Thompson, IV , Raleigh, and Samuel B. Dixon , Edenton, and Law Offices of Janice McKenzie Cole PLLC by Janice M. Cole , Hertford, for plaintiff-appellee.

Teague Campbell Dennis & Gorham, L.L.P., Raleigh, by Henry W. Gorham and Daniel N. Kluttz , for defendants-appellants.

STROUD, Judge.

Defendant Pasquotank County appeals the denial of its limited motion for summary judgment based on governmental immunity. As we conclude that defendant Pasquotank County was involved in a proprietary function, we affirm.

I. Background

This action arises out of the death of Mr. Erik Dominic Williams on 10 June 2007 at Fun Junktion, a public park owned by Pasquotank County and operated by Pasquotank County Parks & Recreation Department...

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