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recognizing that "orders denying dispositive motions grounded on the defense of governmental immunity are immediately appealable as affecting a substantial right"
Summary of this case from Crazie Overstock Promotions, LLC v. McVickerOpinion
No. 105PA96
Filed 8 November 1996
On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 121 N.C. App. 466, 466 S.E.2d 281 (1996), which reversed an order denying defendant Rains' motion for judgment on the pleadings entered 9 September 1994 in Superior Court, Columbus County, by Jenkins, J., and remanded for entry of a judgment in accordance with the opinion of the Court of Appeals. Heard in the Supreme Court 15 October 1996.
Randolph M. James P.C., by Randolph M. James and Steven S. Long, for plaintiff-appellants.
Womble Carlyle Sandridge Rice, P.L.L.C., by Allan R. Gitter and Ursula M. Henninger, and Hill High, by James E. Hill, Jr., for defendant-appellee Harold Rains, Columbus County Sheriff.
The decision of the Court of Appeals is affirmed, but we note with disapproval the citation of the Restatement (Second) of Torts as authority. Except as specifically adopted in this jurisdiction, the Restatement should not be viewed as determinative of North Carolina law.
AFFIRMED.