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Schmidt v. Breeden

134 N.C. App. 248 (1999)

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Schmidt v. Breeden

North Carolina Court of Appeals
134 N.C. App. 248 (1999)

Facts

Michael Schmidt was a six-year-old student in a public school’s after-school care program operated by the Charlotte-Mecklenburg County School Board (defendant). One night, after coming home, Michael had a headache, became nauseated, and started to vomit. His mother, Joy Schmidt (plaintiff) did not realize the medical significance of these symptoms; Schmidt had not been told by the after-school care program’s workers, Breeden and Owens (defendants), that Michael had suffered a head injury that day. Because of this, Michael’s care was delayed, and he suffered permanent brain and vision impairment. Schmidt sued the school board, Breeden, and Owens. The school board, Breeden, and Owens claimed they had governmental immunity. The trial court disagreed and denied their summary-judgment motion. The school board, Breeden, and Owens appealed.

Rule of Law

Issue

Holding and Reasoning (John, J.)

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