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Ripellino v. North Carolina School Boards Association6/17/2003
ational in Long persuasive, and hold that the Board, as a governmental entity, is immune from punitive damages. V. Trust Defendants
Plaintiffs contend the trial court erred in granting summary judgment to the trust defendants when the trust defendants did not move for summary judgment and did not participate in the summary judgment hearing.
Plaintiffs' claims against the trust defendants are related to and contingent upon the claims against the Board. To the extent the trial court properly granted summary judgment in favor of the Board, the claims against the trust defendants were also properly granted.
VII. Conclusion
The trial court erred in granting summary judgment on the grounds of immunity as to the constitutional claims against all defendants and as to the non-constitutional claims to the extent there was excess liability insurance for claims between $100,000 to $1,000,000 dollars. The trial court properly granted summary judgment to defendants on claims of less than $100,000 and for punitive damages.
Affirmed in part, reversed in part and remanded.
Judges MCGEE and CALABRIA concur.
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