Torts Commons^™

Municipal Liability For Negligent Inspections In Sinning V. Clark - A 'Hollow' Victory For The Public Duty Doctrine, Frank Swindell

Campbell Law Review

This Note examines the North Carolina Court of Appeal's decision in Sinning v. Clark. First, the Note briefly reviews governmental immunity in code enforcement cases. Second, the Note provides an historical overview of the public duty doctrine and examines the legal analysis which other jurisdictions have used to reject the public duty doctrine in inspection cases. Next, the Note discusses North Carolina's concept of governmental immunity and surveys North Carolina's application of the public duty doctrine, including the doctrine's application in Lynn v. Overlook Development. Fourth, the Note analyzes the Sinning court's application of the public duty doctrine in light …