Taylor v. Ashburn

Decision Date07 April 1994
Docket NumberNo. 109P94,109P94
CitationTaylor v. Ashburn, 445 S.E.2d 46, 336 N.C. 77 (N.C. 1994)
CourtNorth Carolina Supreme Court
PartiesJames Quentin TAYLOR v. Terry Kenneth ASHBURN.

Todd M. Peebles, Winston-Salem, for Taylor.

Gusti W. Frankel, Dale E. Nimmo, Winston-Salem, for Ashburn.

Prior report: 112 N.C.App. 604, 436 S.E.2d 276.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 7th day of April 1994."

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43 cases
  • Moore v. City of Creedmoor
    • United States
    • North Carolina Court of Appeals
    • September 5, 1995
    ...See, e.g., Taylor v. Ashburn, 112 N.C.App. 604, 606-07, 436 S.E.2d 276, 278 (1993) (citation omitted), disc. review denied, 336 N.C. 77, 445 S.E.2d 46 (1994). a. The City "Under the doctrine of governmental immunity, a municipality is not liable for the torts of its officers and employees i......
  • Moore v. Evans
    • United States
    • North Carolina Court of Appeals
    • October 15, 1996
    ...immunity of their governing municipalities. Taylor v. Ashburn, 112 N.C.App. 604, 607, 436 S.E.2d 276, 279 (1993), cert. denied, 336 N.C. 77, 445 S.E.2d 46 (1994). However, where as in the case presently before us, the municipality waives its sovereign immunity by purchasing liability insura......
  • Jones v. Kearns
    • United States
    • North Carolina Court of Appeals
    • October 3, 1995
    ...a municipality, Taylor v. Ashburn, 112 N.C.App. 604, 607, 436 S.E.2d 276, 278 (1993) (citations omitted), cert. denied, 336 N.C. 77, 445 S.E.2d 46 (1994), and its officers and employees sued in their official capacity. Slade v. Vernon, 110 N.C.App. 422, 426, 429 S.E.2d 744, 746 (1993). In d......
  • Hines v. Yates
    • United States
    • North Carolina Supreme Court
    • July 5, 2005
    ...109 N.C.App. 379, 382, 427 S.E.2d 142, 144, disc. rev. and cert. denied, 333 N.C. 795, 431 S.E.2d 31 (1993)), cert. denied, 336 N.C. 77, 445 S.E.2d 46 (1994). We have held "absent an allegation to the effect that immunity has been waived, the complaint fails to state a cause of action." Cla......
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