School Law Bulletin [serial] 25, 2 (Spring 1994)

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Holding: The North Carolina Court of Appeals af- firmed the dismissal of the action. Because the Tort Claims Act creates an exception to the general rule of sovereign immunity, it mu.st be construed narrowly. It explicitly requires that the negligence of the driver, to be actionable, must occur while the driver is operating the bus. That is not the case here. — Robert P. Joyce High school teacher whose joh assignment and work hours were changed failed to state a claim for inten- tional inflicti
...on of emotional distress, constructive wrongful discharge, malicious interference with con- tract, or punitive damages. Wagoner v. Elkin City Schools' Board of Education. 113 N.C. App. 579, 440 S.E.2d 119(1994).
Facts: The Elkin city schools hired Phyllis Wagoner in 1974 to teach health and physical education, and she signed a career contract for the position in 1977. In 1985, after the arrival of a new principal. Wagoner was removed from her teaching position and appointed coordinator of in-school suspension.


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