Since plaintiffs have made no such distinction, we examine the text of the complaint to determine in what capacity defendant Maney is being sued. Having reviewed the complaint, we find that plaintiffs have only asserted claims against defendant Maney in his official capacity as an employee of the City of Kings Mountain, rather than as an individual. Therefore, defendant Maney is shielded from individual liability by the doctrine of sovereign immunity. Moreover, because the allegations in the complaint fail to assert liability for negligence against Mr. Maney separate from his official duties, the complaint fails to state a claim against defendant Maney in his individual capacity. Next we consider the issue of governmental or sovereign immunity as to the City of Kings Mountain.
Municipalities are usually immune from being sued for tort actions.
However, governmental immunity does not apply when the municipality engages in a proprietary function as opposed to engaging in a governmental function. Nevertheless, where a municipality engages in a governmental function, govenmental immunity is applicable, and a city may waive its immunity from civil tort liability by purchasing liability insurance. 108 N.C. App. Our Courts have long noted that drawing the line between municipal operations which are proprietary and subject to tort liability versus operations which are governmental and immune from such liability is a difficult task. Supplying natural gas to private customers is a proprietary function similar to supplying sanitary facilities, water, and electricity.