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KIRKPATRICK v. TOWN OF NAGS HEAD

No. COA10-309.

713 S.E.2d 151 (2011)

Neil M. KIRKPATRICK and Cheryl B. Kirkpatrick, Plaintiffs v. TOWN OF NAGS HEAD, a North Carolina municipal corporation, Defendant.

Court of Appeals of North Carolina.

July 5, 2011.

Attorney(s) appearing for the Case

The Brough Law Firm, Chapel Hill, by T.C. Morphis, Jr. , and Robert E. Hornik, Jr. , for Plaintiff-Appellee.

Hornthal, Riley, Ellis & Maland, L.L.P., by John D. Leidy , Elizabeth City, and Benjamin M. Gallop , Nags Head, for Defendant-Appellant.

ERVIN, Judge.

Defendant Town of Nags Head appeals from an order denying its motion for summary judgment predicated on governmental immunity grounds. On appeal, Defendant contends that the trial court erred by failing to conclude that it was immune from liability based upon the claims asserted against it by Plaintiffs Neil M. Kirkpatrick and Cheryl B. Kirkpatrick on governmental immunity grounds and that it had not waived governmental immunity by purchasing insurance...

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