Estate of Long v. FowlerAnnotate this Case
The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the trial court dismissing this complaint against Defendants in their individual capacities, holding that the complaint adequately stated claims for the tort relief sought by the Estate of Melvin Joseph Long.
Long was working to reconnect a trailer-mounted chiller on the campus of North Carolina State University (NCSU) when a metal flange fatally hit him with great force. Long's Estate brought this action against NCSU employees who had worked on the chiller during the months before Long's accident. Defendants filed a motion to dismiss, which the trial court granted. The court of appeals reversed, holding (1) Defendants had been sued in their individual capacities and were therefore not entitled to the defense of sovereign immunity; and (2) the complaint adequately stated claims for negligence and gross negligence.