John M. Kirby
Davis v. Cumberland County Board of Education -- Negligent Construction
In a case from Fayetteville, a six-year-old boy fell ten feet and sustained a fracture to his skull, when he slipped through the bleachers, which had a gap of 18-24 inches. The bleachers complied with the building code, and there were no prior reports of problems with the bleachers.That the school took subsequent measures to close the gap was immaterial. Because the plaintiff failed to forecast evidence that the school breached its duty of care, the case was properly dismissed on a motion for summary judgment. Davis v. Cumberland County Board of Education (December 20, 2011).