SCHMIDT V. BREEDEN
517 S.E.2d 171 (1999)
NATURE OF THE CASE: Breeden (D) appeal the trial court's denial of their motion for
partial summary judgment predicated upon governmental immunity.
FACTS: Schmidt (P) was a six-year-old student enrolled in a voluntary after-school
enrichment program operated and controlled by Charlotte-Mecklenburg Board of Education (D).
The Program was conducted between 2:00 and 6:00 P.M. each weekday afternoon. P was charged a
thirty-five dollar ($35.00) per week enrollment fee participation in the Program. P suffered
a head injury and no one from D told his mother. P suffered permanent brain and vision
impairment. P filed suit and D moved for partial summary judgment. P asserted that [t]he
After-School Enrichment Program was a private day care facility which operated and was
located within a building ow[n]ed by the D and D was not entitled to governmental immunity
because operation of the Program constituted a proprietary function. The trial court denied
Ds' motion. D appealed. Ds assert the trial court erred in that operation and control of the
Program is a governmental function.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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