Satorre v. New Hanover County Board of Commissioners

Outcome

Excerpt

1. Appeal and Error — appealability — denial of summary judgment — sovereign immunity — substantial right Although appeal from denial of summary judgment is an appeal from an interlocutory order and thus ordinarily not immediately appealable, the issue of sovereign immunity affects a substantial right sufficient to warrant immediate appellate review. 2. Immunity — sovereign — maintenance of courthouse — public officials liability exclusion A de novo review revealed that the trial court erred by denying defendants' and intervenors' motion for summary judgment arising out of the alleged improper maintenance of the pertinent courthouse and by failing to find that defendants were insulated from liability under the doctrine of sovereign immunity, because the public officials liability exclusion in the pertinent policy excludes the alleged negligence in this case from the general waiver of sovereign immunity in the general liability coverage. 3. Public Officers and Employees — health director — county manager — writ of mandamus — discretionary duties Summary judgment should have been granted in favor of the Health Director and County Manager denying plaintiffs' writ of mandamus, because: (1) the health director and county manager are public officials whose primary duties under their statutory posts are discretionary and generally beyond the reach of the extraordinary writ of mandamus; and (2) the duties sought by the writ of mandamus in this case were discretionary.