IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA22-893

Filed 17 October 2023

North Carolina Industrial Commission, No. TA-29098

JERMOND WILLIAMS, Plaintiff,

v.

CHARLOTTE-MECKLENBURG SCHOOLS BOARD OF EDUCATION, Defendant.

Appeal by Defendant from the order entered 14 July 2022 by the North 

Carolina Industrial Commission. Heard in the Court of Appeals 11 April 2023.

Jermond Williams, Pro Se Plaintiff-Appellee.

Attorney General Joshua H. Stein, by Special Deputy Attorney General Carl 

Newman, for Defendant-Appellant. 

CARPENTER, Judge.

The Charlotte-Mecklenburg Schools Board of Education (the “Board”) appeals 

from the North Carolina Industrial Commission’s (the “Commission’s”) denial of the 

Board’s motion for summary judgment. After careful review, we affirm the 

Commission’s denial of summary judgment. 

I. Factual & Procedural Background

On 10 March 2020, Governor Roy Cooper issued Executive Order 116 and 

declared a state of emergency because of the Covid-19 pandemic. On 14 March 2020, 

Governor Cooper issued Executive Order 117, which closed North Carolina schools 
WILLIAMS V. CHARLOTTE-MECKLENBURG SCH. BD. OF EDUC.

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and ordered “the North Carolina Department of Public Instruction . . . to implement 

measures to provide for the health, nutrition, safety, educational needs, and wellbeing of children during the school closure period.” Governor Cooper then issued 

Executive Order 169, which extended these provisions through 23 October 2020. 

On 22 October 2020, Gerald Rand, a bus driver for the Board, drove a bus1 for 

the purpose of delivering meals to remote-learning students. That day, Rand’s bus 

collided with Jermond Williams’ (“Plaintiff’s”) parked car in Charlotte, North 

Carolina. On 7 January 2021, under North Carolina’s Tort Claims Act (the “TCA”), 

Plaintiff filed a property-damage claim with the Commission against the Board. After 

discovery, the Board moved for summary judgment based on sovereign or 

governmental immunity.2 Specifically, the Board argued that it maintained immunity 

because Rand, pursuant to the North Carolina Emergency Management Act (the 

“EMA”), was performing an emergency-management activity during the alleged 

negligence. The Board further argued the EMA explicitly maintains immunity for 

such incidents. In other words, the Board acknowledged that the TCA and the EMA 

1 In his complaint, Plaintiff refers to Rand’s bus as simply a “bus.” 

2 Here, the Board is a county agency. Therefore, the applicable immunity is more precisely 

labeled “governmental immunity.” See Irving v. Charlotte-Mecklenburg Bd. of Educ., 368 N.C. 609, 

611, 781 S.E.2d 282, 284 (2016). In this case, however, the distinction is immaterial, as “this claim 

implicates sovereign immunity because the State is financially responsible for the payment of 

judgments against local boards of education for claims brought pursuant to the Tort Claims Act . . . .” 

See id. at 611, 781 S.E.2d at 284. 
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conflict concerning waiver of immunity, but the Board argued that the EMA should 

control. 

A deputy commissioner denied the Board’s motion for summary judgment, and 

the Board timely appealed to the full Commission. On 14 July 2022, the full 

Commission panel agreed that the EMA conflicts with the TCA concerning waiver of 

sovereign immunity for bus-accident claims. Nevertheless, the Commission concluded 

the Board’s immunity is waived by the TCA. Thus, the full Commission affirmed the 

deputy commissioner’s denial of summary judgment. On 15 August 2022, the Board

timely appealed to this Court. 

II. Jurisdiction

As an initial matter, we must consider whether this Court has jurisdiction over 

an interlocutory order from the Commission. Under N.C. Gen. Stat. § 143-293 (2021), 

we conclude that we do. See Cedarbrook Residential Ctr., Inc. v. N.C. Dep’t of Health 

& Hum. Servs., 383 N.C. 31, 44, 881 S.E.2d 558, 568–69 (2022) (acknowledging 

appellate jurisdiction of an interlocutory appeal from the Commission’s denial of a 

motion to dismiss a TCA claim because the appeal involved a substantial right); 

Multiple Claimants v. N.C. Dep’t of Health & Hum. Servs., Div. of Facility & Det.

Servs., 176 N.C. App. 278, 282, 626 S.E.2d 666, 669 (2006) (acknowledging appellate 

jurisdiction of an interlocutory appeal from the Commission’s denial of a motion to 

dismiss a TCA claim because the appeal involved a substantial right). As we typically 
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lack jurisdiction to address interlocutory appeals from the Commission, we will detail 

why we have jurisdiction over this case. 

Appeals from the Commission concerning claims brought through the TCA are 

made “under the same terms and conditions as govern ordinary appeals in civil 

actions.” N.C. Gen. Stat. § 143-293. Therefore, our analysis begins with the premise 

that, as in ordinary civil appeals, there generally is “no right of immediate appeal 

from interlocutory orders and judgments.” Goldston v. Am. Motors Corp., 326 N.C. 

723, 725, 392 S.E.2d 735, 736 (1990). Similarly, this Court lacks jurisdiction over

interlocutory appeals from the Commission. See N.C. Gen. Stat. § 7A-29 (2021); 

Vaughn v. N.C. Dep’t of Hum. Res., 37 N.C. App. 86, 89, 245 S.E.2d 892, 894 (1978)

(“No appeal lies from an interlocutory order of the Industrial Commission.”) (citing 

N.C. Gen. Stat. § 7A-29). 

There is an exception to this rule, however, when an interlocutory appeal 

affects a “substantial right.” Sharpe v. Worland, 351 N.C. 159, 161–62, 522 S.E.2d 

577, 579 (1999) (stating that North Carolina’s appellate courts have jurisdiction over 

interlocutory appeals that affect a substantial right). A “[d]enial of a summary 

judgment motion is interlocutory and ordinarily cannot be immediately appealed.” 

Craig v. New Hanover Cnty. Bd. of Educ., 363 N.C. 334, 337, 678 S.E.2d 351, 354 

(2009). But “the denial of summary judgment on grounds of sovereign immunity is 

immediately appealable, though interlocutory, because it represents a substantial 

right . . . .” Id. at 338, 678 S.E.2d at 354. 
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This case involves a TCA claim, and the Board appeals from the denial of 

summary judgment based on sovereign immunity. Because “the denial of summary 

judgment on grounds of sovereign immunity” affects a “substantial right,” this Court 

has jurisdiction. See id. at 338, 678 S.E.2d at 354; see also N.C. Gen. Stat. § 143-293;

Cedarbrook Residential, 383 N.C. at 44, 881 S.E.2d at 568–69. Thus, despite our 

general rule against hearing interlocutory appeals, this Court has jurisdiction in this 

case under N.C. Gen. Stat. § 143-293. 

III. Issue

The issue on appeal is whether the Commission erred in denying the Board’s 

motion for summary judgment. 

IV. Standard of Review

“Our standard of review of an appeal from summary judgment is de novo; such 

judgment is appropriate only when the record shows that ‘there is no genuine issue 

as to any material fact and that any party is entitled to a judgment as a matter of 

law.’” In re Will of Jones, 362 N.C. 569, 573, 669 S.E.2d 572, 576 (2008) (quoting 

Forbis v. Neal, 361 N.C. 519, 524, 649 S.E.2d 382, 385 (2007)). 

V. Analysis

On appeal, the Board argues the Commission erred in denying its motion for 

summary judgment because the Board maintains sovereign immunity under the 

EMA. After careful review, we disagree: The Commission did not err in denying the 
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Board’s motion for summary judgment because genuine issues of material fact

remain. 

Summary judgment is appropriate when “there is no genuine issue as to any 

material fact,” and a party is “entitled to a judgment as a matter of law.” N.C. Gen. 

Stat. § 1A-1, R. 56(c) (2021). Concerning summary judgment, courts “must view the 

presented evidence in a light most favorable to the nonmoving party.” Dalton v. 

Camp, 353 N.C. 647, 651, 548 S.E.2d 704, 707 (2001). Indeed, “[s]ince this rule 

provides a somewhat drastic remedy, it must be used with due regard to its purposes 

and a cautious observance of its requirements in order that no person shall be 

deprived of a trial on a genuine disputed factual issue.” Kessing v. Nat’l Mortg. Corp., 

278 N.C. 523, 534, 180 S.E.2d 823, 830 (1971). 

Therefore, we must separate factual questions from legal questions to discern 

the applicability of summary judgment. See N.C. Gen. Stat. § 1A-1, R. 56(c). 

Generally, “[a]ny determination reached through ‘logical reasoning from the 

evidentiary facts’ is more properly classified as a finding of fact.” IPayment, Inc. v. 

Grainger, 257 N.C. App. 307, 315, 808 S.E.2d 796, 802 (2017) (quoting Quick v. Quick, 

305 N.C. 446, 452, 290 S.E.2d 653, 657–58 (1982)). And when an answer requires 

application of legal principles to the facts, the prompting question is a mixed one of 

both law and fact. See Town of Apex v. Rubin, 277 N.C. App. 328, 332 n.5, 858 S.E.2d 

387, 392 n.5 (2021). 
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The central issue here concerns sovereign immunity. Generally, “[u]nder the 

doctrine of sovereign immunity, the State is immune from suit absent waiver of 

immunity.” Meyer v. Walls, 347 N.C. 97, 104, 489 S.E.2d 880, 884 (1997). “The State 

and its governmental units” do not waive sovereign immunity except “by a plain, 

unmistakable mandate of the [General Assembly].” Orange County. v. Heath, 282 

N.C. 292, 296, 192 S.E.2d 308, 310 (1972). Further, “statutes waiving this immunity, 

being in derogation of the sovereign right to immunity, must be strictly construed.” 

Guthrie v. N.C. State Ports Auth., 307 N.C. 522, 537–38, 299 S.E.2d 618, 627 (1983). 

The TCA “provides a limited waiver of immunity and authorizes recovery 

against the State for negligent acts of its ‘officer[s], employee[s], involuntary 

servant[s] or agent[s].’” White v. Trew, 366 N.C. 360, 363, 736 S.E.2d 166, 168 (2013) 

(quoting N.C. Gen. Stat. § 143-291(a)). Specifically, the State has waived immunity 

for claims that are the “result of any alleged negligent act or omission of the driver” 

of a school bus. N.C. Gen. Stat. § 143-300.1(a) (2021). 

Under the EMA, however, “[n]either the State nor any political subdivision 

thereof . . . shall be liable for the death of or injury to persons, or for damage to 

property as a result of any [emergency management] activity.” N.C. Gen. Stat. § 

166A-19.60(a) (2021). “Emergency management” includes “[t]hose measures taken 

by the populace and governments at federal, State, and local levels to minimize the 

adverse effects of any type of emergency . . . .” N.C. Gen. Stat. § 166A-19.3(8) (2021). 

“School buses” may be used for “emergency management activity.” N.C. Gen. Stat. § 
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115C-242(6) (2021). But there is a distinction between “school buses” and other 

buses, like activity buses. Irving, 368 N.C. at 615, 781 S.E.2d at 286 (“Therefore, we 

must conclude that the General Assembly and the State Board have defined and 

managed school buses, activity buses, and school transportation service vehicles as 

distinct categories of vehicles.”). The General Assembly defines a “school bus” as a: 

vehicle whose primary purpose is to transport school 

students over an established route to and from school for 

the regularly scheduled school day, that is equipped with 

alternately flashing red lights on the front and rear and a 

mechanical stop signal, that is painted primarily yellow 

below the roofline, and that bears the plainly visible words 

“School Bus” on the front and rear. The term includes a 

public, private, or parochial vehicle that meets this 

description.

N.C. Gen. Stat. § 20-4.01(27)(n) (2021). 

Here, the record tends to show that Rand drove a “bus” to deliver food to 

students during the Covid-19 pandemic. During his delivery route, Rand collided 

with Plaintiff’s vehicle, and under the TCA, Plaintiff sued the Board, the owner of the 

bus. It is undisputed that North Carolina was in a state of emergency during the

incident, and school buses may be used for “emergency management” activity. See

N.C. Gen. Stat. § 115C-242(6). Now, the question before us is whether the Board is

immune from suit stemming from Rand’s alleged negligence. 

We start with the premise that, generally, the Board is immune. See Meyer, 

347 N.C. at 104, 489 S.E.2d at 884. And we acknowledge the TCA clearly waived 

immunity for school-bus accidents. See N.C. Gen. Stat. § 143-300.1(a). That clarity, 
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however, has faded with the passage of the EMA, which says the State is not liable 

for injury caused during emergency-management activity. See N.C. Gen. Stat. § 

166A-19.60(a). The TCA waived immunity, see Heath, 282 N.C. at 296, 192 S.E.2d at 

310, but the EMA qualified the waiver, see N.C. Gen. Stat. § 166A-19.60(a). In other 

words, school boards may be sued in tort concerning school-bus accidents, but they 

may not be sued concerning accidents involving school buses used for emergencymanagement purposes.3

In this case, however, it is unclear whether Rand’s bus was indeed a “school 

bus” under N.C. Gen. Stat. § 20-4.01(27)(n). Neither party asserts the “bus” is

“equipped with alternately flashing red lights,” is “primarily yellow below the 

roofline,” that it “bears the plainly visible words ‘School Bus’ on the front and rear,” 

or that its “primary purpose is to transport school students.” See N.C. Gen. Stat. § 

20-4.01(27)(n). And because N.C. Gen. Stat. § 115C-242 applies to school buses, it is 

unclear whether the EMA applies to Rand’s conduct, and it is therefore unclear 

whether the Board maintains sovereign immunity. See N.C. Gen. Stat. § 115C-242; 

Irving, 368 N.C. at 615, 781 S.E.2d at 286; N.C. Gen. Stat. § 166A-19.60(a). 

In our view, discerning the type of “bus” driven by Rand requires an application 

of legal principles to the facts, so the question is at least a mix of law and fact. See 

3 Although we need not reach whether the bus in this case was used for an emergencymanagement purpose, we think that question is, at least partially, a factual one. See Rubin, 277 

N.C. App. at 332 n.5, 858 S.E.2d at 392 n.5.
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Rubin, 277 N.C. App. at 332 n.5, 858 S.E.2d at 392 n.5. Indeed, viewed in a light 

most favorable to Plaintiff, an answer requires “logical reasoning from the 

evidentiary facts,” so the question tends to be a factual one. See IPayment, Inc., 257 

N.C. App. at 315, 808 S.E.2d at 802. Thus, the label of the bus is, at least partly, a

remaining issue of fact. See N.C. Gen. Stat. § 1A-1, R. 56(c). 

Further, the label of Rand’s bus is a “material fact” because if the bus was a 

“school bus” operated for an emergency-management purpose, the Board may 

maintain sovereign immunity. See N.C. Gen. Stat. § 166A-19.60(a). And if it was not 

a “school bus,” the Board likely does not maintain immunity. See N.C. Gen. Stat. § 

143-300.1(a). Because the bus’s label remains unclear, we think the “drastic” 

measure of summary judgment is improper. See Kessing, 278 N.C. at 534, 180 S.E.2d 

at 830. Therefore, the Commission did not err in denying the Board’s motion for 

summary judgment because an issue of material fact remains. See N.C. Gen. Stat. § 

1A-1, R. 56(c). 

VI. Conclusion

Accordingly, we hold the Commission did not err in denying the Board’s motion 

for summary judgment. 

AFFIRMED.

Judges ZACHARY and MURPHY concur.