Bailey v. LeBeau, 348 S.E.2d 524 (N.C. 1986). · Go Syfert
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Bailey v. LeBeau, 348 S.E.2d 524 (N.C. 1986). Cases Citing This Book View Copy Cite
“fjollowing the rule of strict construction, we decline to impose any further waiver not created by the statute.”
62 citation events (30 in the last 25 years) across 6 distinct courts.
Strongest positive: Willett v. Chatham County Board of Education (ncctapp, 2006-02-21)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Willett v. Chatham County Board of Education
N.C. Ct. App. · 2006 · quote attribution · 1 verbatim quote · confidence high
fjollowing the rule of strict construction, we decline to impose any further waiver not created by the statute.
discussed Cited as authority (verbatim quote) Dickens v. Thorne
N.C. Ct. App. · 1993 · quote attribution · 1 verbatim quote · confidence high
wjaiver of immunity extends only to injuries which are specifically covered by the insurance policy.
discussed Cited as authority (rule) Blumenshine v. Vance County Board of Education
E.D.N.C. · 2025 · confidence medium
“A county or city board of education is a governmental agency, and therefore may not be liable in a tort action except insofar as it has duly waived its [governmental] immunity from tort liability pursuant to statutory authority.” Overcash v. Statesville City Bd. of Educ., 348 S.E. 2d 524, 526 (N.C.
discussed Cited as authority (rule) STEVENS v. CABARRUS COUNTY BOARD OF EDUCATION
M.D.N.C. · 2021 · confidence medium
Waiver of governmental immunity In North Carolina, “[a] county or city board of education is a governmental agency, and therefore may not be liable in a tort action except insofar as it has duly waived its immunity from tort liability pursuant to statutory authority.” Overcash v. Statesville City Bd. of Educ., 348 S.E.2d 524, 526 (N.C.
discussed Cited as authority (rule) Yarbrough v. East Wake First Charter School
E.D.N.C. · 2015 · confidence medium
GemStat. § 115C-218.20(a); see Bullard v. Wake Cnty., 221 N.C.App. 522 , 729 S.E.2d 686, 689 (2012); Lunsford v. Renn, 207 N.C.App. 298, 308 , 700 S.E.2d 94, 100 (2010), disc. rev. denied, 365 N.C. 193 , 707 S.E.2d 244 (2011); Overcash v. Statesville City Bd. of Educ., 83 N.C.App. 21, 24-26 , 348 S.E.2d 524, 527 (1986).
cited Cited as authority (rule) White v. Cochran
N.C. Ct. App. · 2013 · confidence medium
App. 21, 23-25 ; 348 S.E.2d 524, 526-27 (1986).
discussed Cited as authority (rule) Arrington v. Martinez
N.C. Ct. App. · 2011 · confidence medium
App. 21, 25-26 , 348 S.E.2d 524, 527 (1986) (noting that “ ‘[w]aiver of sovereign immunity may not be lightly inferred and State statutes waiving this immunity, being in derogation of the right to sovereign immunity, must be strictly construed.’ Guthrie v. State Ports Authority, 307 N.C. 522 , *261 537-38, 299 S.E.2d 618, 627 (1983).
cited Cited as authority (rule) Estate of Earley Ex Rel. Earley v. Haywood County Department of Social Services
N.C. Ct. App. · 2010 · confidence medium
App. 21, 26 , 348 S.E.2d 524, 528 (1986) (affirming summary judgment on grounds of governmental immunity). 2 .
discussed Cited as authority (rule) Frink v. Batten
N.C. Ct. App. · 2009 · confidence medium
App. at 25 , 348 S.E.2d at 527 (immunity is waived "'only to the extent' that the board is actually `indemnified by insurance for such negligence or tort'").
cited Cited as authority (rule) Myers v. Bryant
N.C. Ct. App. · 2008 · confidence medium
App. 21, 26 , 348 S.E.2d 524, 528 (1986).
cited Cited as authority (rule) Lail Ex Rel. Jestes v. Cleveland County Board of Education
N.C. Ct. App. · 2007 · confidence medium
App. 21, 22-23 , 348 S.E.2d 524, 526 (1986) (citations omitted).
cited Cited as authority (rule) Magana v. Charlotte-Mecklenburg Board of Education
N.C. Ct. App. · 2007 · confidence medium
App. 21, 26 , 348 S.E.2d 524, 528 (1986).
cited Cited as authority (rule) Koch v. Bell, Lewis & Associates, Inc.
N.C. Ct. App. · 2006 · confidence medium
App. 21, 26 , 348 S.E.2d 524, 528 (1986).
cited Cited as authority (rule) McIver v. Smith
N.C. Ct. App. · 1999 · confidence medium
App. 21, 23 , 348 S.E.2d 524, 526 (1986).
discussed Cited as authority (rule) Schmidt v. Breeden
N.C. Ct. App. · 1999 · confidence medium
App. 21, 24 , 348 S.E.2d 524, 527 (1986). *256 Plaintiff does not dispute defendants’ assertion that “the Board had no insurance coverage in effect on [the date of Michael’s injury] that might be applicable to the first $1,000,000 in damages.” The trial court thus erred by failing to direct partial summary judgment in favor of the Board for plaintiff’s claims below that amount, see Boudreau, 322 N.C. at 342-43 , 368 S.E.2d at 858 , and this matter must be remanded for entry of such order.
cited Cited as authority (rule) McLeod v. Nationwide Mutual Insurance Co.
N.C. Ct. App. · 1994 · confidence medium
App. 21, 24 , 348 S.E.2d 524, 526 (1986), and “should be construed contextually and harmonized if possible to avoid absurd . . . consequences.” In re King, 79 N.C.
cited Cited as authority (rule) Gunter v. Anders
N.C. Ct. App. · 1994 · confidence medium
App. 21, 22-23 , 348 S.E.2d 524, 526 (1986).
cited Cited as authority (rule) Gunter v. Anders
N.C. Ct. App. · 1994 · confidence medium
App. 21, 22-23 , 348 S.E.2d 524, 526 (1986).
cited Cited as authority (rule) Lindler v. Duplin County Board of Education
N.C. Ct. App. · 1993 · confidence medium
App. 21, 25 , 348 S.E.2d 524, 527 (1986) (citations omitted).
cited Cited as authority (rule) In re Appeal of the Church of the Creator
N.C. Ct. App. · 1991 · confidence medium
App. 21, 24 , 348 S.E.2d 524, 526 (1986).
cited Cited "see" Herring v. COUNTY BD. OF EDUC.
N.C. Ct. App. · 2000 · signal: see · confidence high
See Overcash v. Statesville City Board of Education, 83 N.C.App. 21 , 348 S.E.2d 524 (1986); see also Beatty v. Charlotte-Mecklenburg Board of Education, 99 N.C.App. 753 , 394 S.E.2d 242 (1990).
discussed Cited "see" Llera v. SECURITY CREDIT SYSTEMS, INC. (2×)
W.D.N.C. · 2000 · signal: see · confidence high
See Bailey v. LeBeau, 79 N.C.App. 345, 352 , 339 S.E.2d 460, 464 , modified and aff'd, 318 N.C. 411 , 348 S.E.2d 524 (1986) (holding that evidence of misrepresentation alone did not establish injury); Mayton, 45 N.C.App. at 212 , 262 S.E.2d at 863 (holding that absence of award of actual damages precludes plaintiff from being a prevailing party).
discussed Cited "see" Hageman v. Twin City Chrysler-Plymouth Inc. (2×)
M.D.N.C. · 1988 · signal: see · confidence high
See Bailey v. LeBeau, 79 N.C.App. 345, 352 , 339 S.E.2d 460, 464 , modified on other grounds, 318 N.C. 411 , 348 S.E.2d 524 (1986) (concept of unfairness is broader, and includes, concept of deception).
discussed Cited "see, e.g." Prichard Enterprises, Inc. v. Adkins (2×)
E.D.N.C. · 2012 · signal: see also · confidence low
Finally, to establish a breach of an express warranty, a plaintiff must demonstrate that “the defects complained of existed at the time of the sale.” Pake, 55 N.C.App. at 554 , 286 S.E.2d at 590 (“The seller’s warranty is not his personal guarantee concerning the continuous and future operation of the goods which he has sold.” (quotation omitted)); see also Bailey v. LeBeau, 79 N.C.App. 345, 350 , 339 S.E.2d 460, 463 (1986), aff'd, 318 N.C. 411 , 348 S.E.2d 524 (1986).
Retrieving the full opinion text from the archive…
CLYDE C. BAILEY, JR.
v.
THOMAS LeBEAU and PIONEER COACH MANUFACTURING COMPANY
191A86.
Supreme Court of North Carolina.
Oct 7, 1986.
348 S.E.2d 524
Nichols, Caffrey, Hill, Evans & Murrelle, by Richard L. Pinto and B. Danforth Morton, for plaintiff-appellant. , Wilson, Biesecker, Tripp & Sink, by Joe E. Biesecker, for defendant-appellees. , Lacy H. Thornburg, Attorney General, by James C. Gulick, Special Deputy Attorney General, amicus curiae.
Per Curiam.
Cited by 10 opinions  |  Published
PER CURIAM.

The decision of the Court of Appeals reversing in part and remanding to the trial court for new trial on the issue of breach of express warranty is affirmed as herein modified. The case is remanded for new trial on the issues of breach of express warranty and unfair and deceptive trade practices pursuant to N.C.G.S. § 75-1.1, as well as damages.

Modified and affirmed.