MELANIE PLEASANT v. CITY OF ELIZABETHTON

This appeal concerns a pedestrian’s negligence lawsuit against a municipality after she
tripped and fell on a public sidewalk. The trial court granted judgment on the pleadings to
the municipality on the ground that the plaintiff failed to allege that any municipal
employee acted within the scope of his or her employment as required by the Governmental
Tort Liability Act. Given that more than three years had elapsed since the complaint was
filed, the trial court denied the plaintiff’s oral motion to amend her pleadings. The trial
court ruled further, in the alternative, that the municipality was entitled to summary
judgment because it lacked actual or constructive notice of the alleged sidewalk defect.
The plaintiff appeals. We affirm.