Henderson v. The Charlotte-Mecklenburg Bd. of Educ.Â
253 N.C. App. 416
| N.C. Ct. App. | 2017Background
- On Sept. 22, 2012 George Henderson, working as a referee supplied by a third-party referee company, was injured while officiating a basketball tournament held at Hawthorne High School gymnasium. He alleges he tripped on a warped, uneven area adjacent to the playing area and sustained severe knee injuries.
- The tournament was organized by Carolina Basketball Club (CBC); CBC paid the Charlotte-Mecklenburg Board of Education (the Board) the facility fee and had a written agreement to use the gymnasium on Sept. 21, 2012. CBC agreed to indemnify the Board.
- Henderson sued CBC, its principals (Jacobs and Covington), and the Board; the Board moved to dismiss pursuant to Rules 12(b)(1), (2), and (6).
- The trial court dismissed Henderson’s claims against the Board with prejudice on March 24, 2016. The Court of Appeals accepted the interlocutory appeal by certiorari to review the dismissal.
- Central legal question: whether the Board is immune from Henderson’s tort and contract-based claims under N.C. Gen. Stat. § 115C-524(c) (statutory immunity for boards that enter into agreements permitting non-school groups to use school property).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board is entitled to statutory immunity under N.C.G.S. § 115C-524(c) | Henderson: Board failed to follow its own rules (did not require CBC to procure liability insurance), so immunity does not apply | Board: executed a valid agreement with CBC, collected the facility fee, and CBC agreed to indemnify — Board complied with its rules so § 115C-524(c) applies | Court: Board complied with its rules and entered a valid agreement; statutory immunity applies, dismissal affirmed |
| Whether the Board waived governmental/sovereign immunity by contracting with CBC | Henderson: Board’s contract with CBC amounts to a waiver allowing suit | Board: immunity not waived; compliance with statutory scheme governs immunity | Court: argument fails — contract is prerequisite for statutory immunity, not a waiver permitting suit under these facts |
| Whether Henderson is an intended third-party beneficiary who may sue the Board on the contract | Henderson: as an injured user, he is an intended third-party beneficiary and can recover via contract | Board: statutory immunity bars liability for personal injuries under agreements permitting third-party use | Court: statutory immunity explicitly bars liability for personal injuries arising from such agreements; third-party beneficiary theory cannot overcome § 115C-524(c) |
| Procedural: whether appeal was interlocutory and subject to certiorari | Henderson: appealed dismissal of one defendant | Board: acknowledged remaining defendants later dismissed (not shown in record) | Court: treated the appeal as a petition for writ of certiorari and granted review to avoid wasting resources |
Key Cases Cited
- Seipp v. Wake Cnty. Bd. of Educ., 132 N.C. App. 119, 510 S.E.2d 193 (N.C. Ct. App. 1999) (where facility use was not pursuant to board rules, statutory immunity under § 115C-524 did not apply)
- Stanback v. Stanback, 297 N.C. 181, 254 S.E.2d 611 (N.C. 1979) (Rule 12(b)(6) tests legal sufficiency of complaint; allegations are taken as admitted)
- Leary v. N.C. Forest Prods., Inc., 157 N.C. App. 396, 580 S.E.2d 1 (N.C. Ct. App. 2003) (de novo review of pleadings on motion to dismiss)
- Smith v. State, 289 N.C. 303, 222 S.E.2d 412 (N.C. 1976) (State’s contract can create limited consent to suit for contract claims)
- Herring v. Liner, 163 N.C. App. 534, 594 S.E.2d 117 (N.C. Ct. App. 2004) (boards of education are governmental agencies and immune from tort suit unless immunity is waived)
- Ripellino v. N.C. Sch. Bds. Ass’n, 158 N.C. App. 423, 581 S.E.2d 88 (N.C. Ct. App. 2003) (discussing sovereign immunity of school boards)
- Town of Belhaven v. Pantego Creek, LLC, 793 S.E.2d 711 (N.C. Ct. App. 2016) (recognition that third-party beneficiaries may sue for breach when a contract is executed for their benefit)