News

Governmental Immunity
Meinck v. City of Gastonia

In a personal injury case involving a city owned building leased to a non-profit group, the trial court granted summary judgment upon a finding of immunity. The Court of Appeals reversed finding immunity does not apply. The NC Supreme Court concluded defendant was entitled to governmental immunity and reversed the decision of the Court of Appeals and remand the case back to determine whether the immunity waiver applied. The Supreme Court noted that it is a case-by-case basis and courts should look to the purpose of the government actor’s actions when making a determination. The NCADA filed an amicus jointly with the NC League of Municipalities in support of the city’s position.

 
Andrew Santaniello, Clawson and Staubes, PLLC authored the amicus brief on behalf of the NCADA along with NCLM counsel.