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White v. Crisp6/20/2000
Appeal by plaintiffs from judgment entered 10 May 1999 by Judge James E. Lanning in Mecklenburg County Superior Court. Heard in the Court of Appeals 19 April 2000.
On 1 June 1998, Walter H. and Theresa W. White (plaintiffs) initiated this action against Charles Alan Crisp (Crisp) and the Charlotte Mecklenburg Board of Education (Board), alleging that Crisp was negligent in causing a motor vehicle accident on 8 June 1995 and that the Board was liable under the doctrine of respondeat superior. Defendants filed an answer on 3 August 1998 in which they alleged that "plaintiffs have sued Mr. Crisp only in his official capacity." On 8 January 1999, plaintiffs then filed a motion for leave to amend their complaint. On 12 January 1999, defendants filed a motion for summary judgment on the basis that the Board had not waived its governmental immunity and that Crisp, sued only in his official capacity, was also immune from suit.
In an order filed 15 February 1999, the trial court allowed an amendment to the complaint, but stated that " his order does not address any future motion or question as to the statute of limitations." On 22 February 1999, the trial court granted summary judgment in favor of the Board and Crisp in his official capacity on the basis that immunity had not been waived. No appeal was taken from that order. On 23 March 1999, Crisp filed a motion to dismiss the claims filed against him in his individual capacity as being barred by the statute of limitations. In its 10 May 1999 order, the trial court granted Crisp's motion to dismiss, after finding that the original complaint did not state a claim against Crisp in his individual capacity. Further, since the amended complaint did not relate back to the original complaint, the claims were barred by the three-year statute of limitations.
Plaintiffs assign as error the trial court's dismissal of their claims against Crisp in his individual capacity since: (1) the amended complaint relates back to the filing of the original complaint; and (2) the original complaint states a claim against Crisp in his individual capacity.
We first address plaintiffs' contention that the original complaint states a claim against defendant Crisp in his individual capacity. Plaintiffs rely on Williams v. Holsclaw, 128 N.C. App. 205, 495 S.E.2d 166, affirmed, 349 N.C. 225, 504 S.E.2d 784 (1998), in which this Court found that the plaintiffs were seeking recovery from the defendant police officer in both his individual and official capacities although the caption was "silent" as to whether the officer was sued in his official or individual capacity. Defendant argues that Williams "provides no true guidance" and that Mullis v. Sechrest, 347 N.C. 548, 495 S.E.2d 721 (1998), filed 6 February 1998, subsequent to Williams, is controlling.
In Mullis, our Supreme Court held:
It is a simple matter for attorneys to clarify the capacity in which a defendant is being sued. Pleadings should indicate in the caption the capacity in which a plaintiff intends to hold a defendant liable. For example, including the words `in his official capacity' or `in his individual capacity' after a defendant's name obviously clarifies the defendant's status. In addition, the allegations as to the extent of liability claimed should provide further evidence of capacity. Finally, in the prayer for relief, plaintiffs should indicate whether they seek to recover damages from the defendant individually or as an agent of the governmental entity. These simple steps will allow future litigants to avoid problems such as the one presented to us by this appeal.
Id. at 554, 495 S.E.2d at 724-725. "Our courts since Mullis have held that
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