Even though the defendant-city bought commercial general liability insurance, this did not waive the city’s governmental immunity, given that the policy expressly stated that the city’s purchase of insurance was not a waiver of governmental immunity under the General Statutes and that the insurance “applies to the tort liability of an insured only to the extent that such tort liability is not subject to any defense of governmental immunity.” Plaintiff’s claim – stemming from a city employee’s operation of a digger truck when a steel pole fell from the truck and landed on plaintiff’s foot – is barred by governmental immunity.
We reverse the trial court’s denial of the city’s motion for summary judgment.
Martinez v. City of Wilson (Lawyers Weekly No. 012-543-22, 10 pp.) (Lucy Inman, J.) Appealed from Wilson County Superior Court (William Wolfe, J.) Rosa Boatwright for plaintiff; Seth Friedman, James Cauley and Emily Cauley for defendant. 2022-NCCOA-865