No specific laws identified for this ruling.
The North Carolina Court of Appeals affirmed dismissal of plaintiff's wrongful termination claim against the Board of Nursing on sovereign immunity grounds, holding the Board is a state agency entitled to immunity.
1. Immunity; Nurses — sovereign immunity — Board of Nursing — wrongful termination The trial court did not err by dismissing plaintiff's complaint against the N.C. Board of Nursing (Board) for wrongful termination on the basis of sovereign immunity because the legislative enactment, governmental appointment of members to defendant Board, and public purpose performed by the Board make the Board an agency of the state entitled to the defense of sovereign immunity. 2. Appeal and Error — preservation of issues — failure to make assignment of error in brief Although plaintiff contends the trial court erred by relying on documentation submitted by defendant Board of Nursing (Board) in determining whether it is a state agency, this assignment of error is dismissed because: (1) this argument does not relate to plaintiff's assignments of error, and thus, is not a matter properly before the Court of Appeals; and (2) this assignment of error is irrelevant when the Court of Appeals has already determined that the Board is a state agency solely by examining the statutes. 3. Appeal and Error — preservation of issues — failure to raise issue Although the dissent contends that plaintiff's complaint for wrongful termination states a claim for relief under N.C.G.S. § 9-32 which would waive sovereign immunity, this issue is not reached because it was never raised by the parties or addressedPage 46 by the trial court, and plaintiff failed to allege in her complaint that sovereign immunity had been waived. 4. Appeal and Error — preservation of issues — failure to state legal basis Although plaintiff contends the trial court erred by failing to hear or consider plaintiff's other arguments regarding issues rel
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