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Isenhour v. Hutto6/2/1998
lic employee's perform ministerial functions -- the execution of a specific duty arising from fixed and designated facts. See id. at 113-14, 489 S.E.2d at 889.
Under this analysis, the crossing guard is analogous to a police officer, in that both are charged with the public safety and with ensuring that public laws are obeyed, albeit the crossing guard has a lesser degree of responsibility and power. Further, it is common knowledge that police officers are often called upon to direct traffic. We can discern no reason to distinguish between a crossing guard and a police officer in this situation. As a police officer is a public official, see Shuping v. Barber, 89 N.C. App. 242, 248, 365 S.E.2d 712, 716 (1988), we believe a crossing guard should be so treated. Accordingly, we hold that the crossing guard was not susceptible to suit in her individual capacity for ordinary acts of negligence; as the complaint alleges no greater culpability than that, the trial court erred by not dismissing the suit against her in her individual capacity. The suit against her in her official capacity, of course, is not affected by this holding.
To summarize, we affirm the trial court's denial of the motion to dismiss based on the public duty doctrine, but on the plaintiffs' claim against the crossing guard in her individual capacity we reverse and remand for an order dismissing the claim.
Affirmed in part, reversed in part.
Judges JOHN and McGEE concur.
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