 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Meyer v. Walls9/5/1997
row and Miller was also improper. Defendants did not appeal these holdings to this Court. Therefore, the Court of Appeals' holdings on the individual-capacity claims against Underwood, Barrow, and Miller stand. However, we note that a conclusory allegation that a public official acted willfully and wantonly should not be sufficient, by itself, to withstand a Rule 12(b)(6) motion to dismiss. The facts alleged in the complaint must support such a Conclusion.
For the foregoing reasons, we reverse the Court of Appeals' decision as it pertains to the claim against DSS because we hold that since DSS is not a state agency, the Tort Claims Act does not apply to the claim against DSS. However, we hold that plaintiff sufficiently alleged a waiver of immunity by Buncombe County through the purchase of liability insurance. Therefore, we hold that the trial court improperly allowed the motion to dismiss the claim against Buncombe County DSS for lack of subject matter jurisdiction. We affirm the Court of Appeals' decision as it pertains to the claims against Underwood, Barrow, and Miller, and we remand the case to the Court of Appeals for further remand to Superior Court, Haywood County, for further proceedings not inconsistent with this opinion. Therefore, this case is
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
|