Jon-Paul Craig, by His Mother and Next Friend, Kimberly Craig v. New Hanover County Board of Education and Annette…

Summary

The Court held that a common-law negligence claim barred completely by governmental immunity is not an adequate remedy at state law. Because the negligence claim could not provide any possibility of relief, the plaintiff may pursue colorable direct claims under the North Carolina Constitution based on the same alleged conduct. The Court therefore reversed the Court of Appeals and affirmed denial of summary judgment on the constitutional claims.