{
  "id": 4165154,
  "name": "ANTWAN BYNUM, by and through his Guardian Ad Litem, WAYNE BOYETTE, and ANITA BYNUM, Plaintiffs v. THE NASH-ROCKY MOUNT BOARD OF EDUCATION, Defendant",
  "name_abbreviation": "Bynum v. Nash-Rocky Mount Board of Education",
  "decision_date": "2009-03-17",
  "docket_number": "No. COA08-823",
  "first_page": "777",
  "last_page": "780",
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      "cite": "195 N.C. App. 777"
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    "name_abbreviation": "N.C. Ct. App.",
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    "name": "North Carolina Court of Appeals"
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    "name": "N.C."
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      "cite": "N.C. Gen. Stat. \u00a7 115042",
      "category": "laws:leg_statute",
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      "category": "laws:leg_statute",
      "reporter": "N.C. Gen. Stat.",
      "year": 2007,
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        {
          "page": "884",
          "parenthetical": "internal citations omitted"
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      "reporter": "N.C.",
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        551301
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      "year": 1997,
      "pin_cites": [
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          "parenthetical": "internal citations omitted"
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  "last_updated": "2023-07-14T21:32:21.117771+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges CALABRIA and STROUD concur."
    ],
    "parties": [
      "ANTWAN BYNUM, by and through his Guardian Ad Litem, WAYNE BOYETTE, and ANITA BYNUM, Plaintiffs v. THE NASH-ROCKY MOUNT BOARD OF EDUCATION, Defendant"
    ],
    "opinions": [
      {
        "text": "STEELMAN, Judge.\nWhere the clear and unambiguous language of defendant\u2019s insurance policy defined \u201cdamages\u201d to include interest as authorized by North Carolina statutory law, the trial court erred in concluding that interest on plaintiffs\u2019 judgment was prohibited by North Carolina case law.\nI. Factual and Procedural Background\nOn 14 February 2006, Antwan Bynum, the minor plaintiff, was a student in the fifth grade at Benvenue Elementary School. On that date, he was on a swing in the playground of the school when the swing\u2019s chain broke, causing Antwan to fall to the ground and sustain injuries. On 19 December 2006, Antwan and his mother, Anita Bynum (hereinafter, plaintiffs) commenced an action against defendant, the Nash-Rocky Mount Board of Education, seeking monetary damages based upon the alleged negligence of defendant. The action was tried before a jury on 24 March 2008. The jury found defendant to have been negligent, awarded the minor plaintiff the sum of $160,000.00 and awarded his mother the sum of $6,385.35 for medical bills incurred on behalf of the minor plaintiff. The trial court held that an award of pre and post judgment interest against defendant was prohibited and denied plaintiffs\u2019 request to award interest on the judgment. Plaintiffs appeal.\nII. Pre-Judgment and Post-Judgment Interest\nIn plaintiffs\u2019 sole argument on appeal, they contend that the trial court erred in refusing to award interest on the judgment against defendant. We agree.\nUnder the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity. Under the doctrine of governmental immunity, a county is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity. An action against a commission or board created by statute as an agency of the State where the interest or rights of the State are directly affected is in fact an action against the State.\nMeyer v. Walls, 347 N.C. 97, 104, 489 S.E.2d 880, 884 (1997) (internal citations omitted).\nDefendant is a local board of education as defined in N.C. Gen. Stat. \u00a7 11505(5) (2007). N.C. Gen. Stat. \u00a7 115042 (2007) provides that a local board of education may waive governmental immunity from liability for damage caused by the torts of its employees acting within the course of their employment upon the purchase of insurance. However, \u201csuch immunity is waived only to the extent that said board of education is indemnified by insurance for such negligence or tort.\u201d N.C. Gen. Stat. \u00a7 115C-42.\nIn the instant case, defendant participated in a risk management program known as the North Carolina School Boards Trust (\u201cNCSBT\u201d). Defendant and NCSBT entered into a Trust Fund Agreement, that provided coverage for claims filed between 1 July 2006 and 1 July 2007 for incidents occurring after 1 July 1986, and was applicable to the incident that was the subject of this suit. The term damages was defined in the Agreement as \u201ca monetary judgment (including pre-judgment and post-judgment interest awarded on any monetary judgment pursuant to North Carolina statutory law) ...\u201d\nThe Trust Fund Agreement constitutes a waiver of defendant\u2019s immunity to the extent it provides excess coverage through a commercial insurance carrier meeting the requirements of N.C. Gen. Stat. \u00a7 115C-42. The clear and unequivocal language of the Agreement establishes that this waiver includes interest on a judgment to the extent that such interest is authorized by North Carolina statutory law. The statutory authority for such interest is provided by N.C. Gen. Stat. \u00a7 24-5, which states that \u201c[i]n an action other than contract, any portion of a money judgment designated by the fact finder as compensatory damages bears interest from the date the action is commenced until the judgment is satisfied.\u201d N.C. Gen. Stat. \u00a7 24-5(b) (2007).\nWe hold that under the terms of the policy, plaintiffs are entitled to recover interest. The procurement of excess insurance coverage constitutes a waiver of any immunity as to the payment of interest on the judgment. In the instant case, the coverage limits provided for in the Trust Fund Agreement are sufficient to cover the judgment against defendant, plus any interest applicable under N.C. Gen. Stat. \u00a7 24-5 (b). We therefore reverse the order of the trial court and remand for the entry of an order requiring the computation of interest on plaintiffs\u2019 judgment.\nREVERSED.\nJudges CALABRIA and STROUD concur.",
        "type": "majority",
        "author": "STEELMAN, Judge."
      }
    ],
    "attorneys": [
      "Taylor Law Office, by W. Earl Taylor, Jr., for plaintiff - appellants.",
      "Valentine, Adams, Lamar, Murray, Lewis and Daughtry, LLP, by Lewis W. Lamar, Jr., for defendant-appellee."
    ],
    "corrections": "",
    "head_matter": "ANTWAN BYNUM, by and through his Guardian Ad Litem, WAYNE BOYETTE, and ANITA BYNUM, Plaintiffs v. THE NASH-ROCKY MOUNT BOARD OF EDUCATION, Defendant\nNo. COA08-823\n(Filed 17 March 2009)\nSchools and Education\u2014 student injured on playground\u2014interest on damages against board of education\nAn elementary school student injured on playground equipment and his mother were entitled to recover interest on damages awarded in their negligence action against the local board of education where: (1) the terms of a trust fund agreement between the board and a risk management program waived the board\u2019s governmental immunity to the extent it provided excess coverage through a commercial insurance carrier meeting the requirements of N.C.G.S. \u00a7 115C-42, including interest on a judgment to the extent such interest was authorized by statute; and (2) authority for such interest was provided by N.C.G.S. \u00a7 24-5.\nAppeal by plaintiffs from judgment entered 15 April 2008 by Judge Frank R. Brown in Edgecombe County Superior Court. Heard in the Court of Appeals 11 December 2008.\nTaylor Law Office, by W. Earl Taylor, Jr., for plaintiff - appellants.\nValentine, Adams, Lamar, Murray, Lewis and Daughtry, LLP, by Lewis W. Lamar, Jr., for defendant-appellee."
  },
  "file_name": "0777-01",
  "first_page_order": 809,
  "last_page_order": 812
}
