Municipal – Tort/Negligence – CGL Insurance – Governmental Immunity

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