Estate of Williams ex rel. Overton v. Pasquotank County Parks & Recreation Department
366 N.C. 195
| N.C. | 2012Background
- Erik Williams drowned at Fun Junktion Swimming Hole, a park area leased to private parties.
- Park owned by Pasquotank County and maintained by the Pasquotank County Parks & Recreation Department.
- Estate sued for negligence; defendants asserted governmental and sovereign immunity and contributory negligence.
- Trial court denied defendants' limited motion for summary judgment, finding immunity not barred by charging a fee.
- Court of Appeals affirmed using a four-factor test to distinguish governmental vs proprietary functions.
- Court remanded to assess impact of N.C.G.S. § 160A-351 and to re-evaluate immunity under the facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams is entitled to governmental immunity | Williams argues immunity should shield defendants for governmental functions. | Pasquotank County contends the activity is proprietary, not governmental. | Remanded for fact-specific determination of immunity. |
| Whether the Swimming Hole operation is governmental or proprietary | Function is governmental due to public park services provided. | Function is proprietary since private parties can provide the service and fees were charged. | Remanded to trial court to consider degree of governmental vs proprietary nature. |
| Role of N.C.G.S. § 160A-351 in classifying the function | Statute supports governmental characterization of park operation. | Statute is not determinative; depends on facts of operation. | Remanded to evaluate statutory impact on immunity. |
Key Cases Cited
- Moffitt v. City of Asheville, 103 N.C. 191 (1889) (origin of governmental immunity doctrine)
- Koontz v. City of Winston-Salem, 280 N.C. 513 (1972) (proprietary vs governmental function analysis)
- Britt v. City of Wilmington, 236 N.C. 446 (1952) (governmental vs proprietary distinction framework)
- Evans ex rel. Horton v. Housing Authority of the City of Raleigh, 359 N.C. 50 (2004) (statutory indication of governmental function)
- Steelman v. City of New Bern, 279 N.C. 589 (1971) (call for legislature to modify doctrine)
- Glenn v. City of Raleigh, 246 N.C. 469 (1957) (parks/recreational facilities and governmental function analysis)
- Sides v. Cabarrus Mem’l Hosp., Inc., 287 N.C. 14 (1975) (distinguishes municipal proprietary services in hospitals)