Protecting the Greater Good: A Critique of the Public Duty Doctrine as Applied in Murray V. County of Person

BY Alexander B. Punger

This recent development defends the much maligned public duty doctrine and criticizes the North Carolina Court of Appeals decision in Murray v. County of Person. The decision in Murray incorrectly based application of the public duty doctrine on whether the defendants were sued in their individual or official capacities. Application of the doctrine in this way leads to a result that deviates with precedent, conflicts with tort law principles, and threatens to eviscerate the doctrine. Because the doctrine benefits the state and the public, any decision that threatens its effectiveness should be overruled

DOWNLOAD PDF | 88 N.C. L. Rev. 694 (2010)