IMMUNITY - NORTH CAROLINA

Bynum v. Wilson County

Supreme Court of North Carolina - June 12, 2014 - S.E.2d - 2014 WL 2612632

Pedestrian brought action against county, as lessee, and lessor of county building after he allegedly fell down the front exterior stairs, sustaining injuries. The Superior Court denied defendants’ motions for summary judgment. Defendants appealed. The Court of Appeals affirmed in part and dismissed in part. Defendants petitioned for discretionary review.

The Supreme Court of North Carolina held that county was entitled to the defense of governmental immunity from pedestrian’s premises liability action.

County’s responsibility with regard to locating, supervising, and maintaining county buildings that served the county’s discretionary, legislative, and public functions, was governmental in nature, and thus, county, as lessee of building in which county’s water department offices were located, was entitled to the defense of governmental immunity from pedestrian’s premises liability action, regardless of the pedestrian’s involvement with the county and the reason for his presence at a governmental facility.



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