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WATSON v. NORTH CAROLINA DEPT. OF CORRECTION

No. 7910IC188.

268 S.E.2d 546 (1980)

47 N.C. App. 718

Debra WATSON, Administratrix of Charles Eugene Watson, Jr., Deceased (Docket TA-5894), Roger Dale Wyatt (Docket TA-5757), Elzena Walker, Administratrix of Archie Lee Williams, Deceased (Docket TA-5766), Rickey Shumate (Docket TA-5775), Carl Moody (Docket TA-5797), Brenda Rice, Administratrix of David Rice, Deceased (Docket TA-5930), Sammy Ray Porter (Docket TA-5774), James David Carpenter (Docket TA-5779), Marion D. Wesley, Administratrix of Ronald Denny (Docket TA-5876), Quentin Maurice Lucas (Docket TA-5855), David Horne (Docket TA-5820), Freddie B. Lewis (Docket TA-5771), Frank J. Hammonds (Docket TA-5773), Henry Carson Reece (Docket TA-5772) and William M. Jordan (Docket TA-5780) v. NORTH CAROLINA DEPARTMENT OF CORRECTION.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sandra M. King, Asst. Atty. Gen., Raleigh, and Russell & Greene by J. William Russell, Asheville, for North Carolina Department of Correction, appellee.

Robert H. West, Boone, for Rickey Shumate, Carl Moody, Sammy Ray Porter, James David Carpenter, Freddie E. Lewis, Frank J. Hammonds, Henry Carson Reece, and William M. Jordan, appellants.

Wilson & Palmer by Bruce L. Cannon, Lenoir, for Debra Watson, Administratrix of Charles Eugene Watson, appellant.

Goldsmith & Goldsmith by C. Frank Goldsmith, Jr., Marion, for Elzena Walker, Administratrix of the Estate of Archie Lee Williams, appellant.

S. Thomas Walton, Asheville, for Roger Dale Wyatt and Brenda Rice, Administratrix of David Rice, appellants.

R. Lewis Ray, Winston-Salem, for David Horne, appellant.

Alvis A. Lee, Greensboro, for Quentin Maurice Lucas and Marion D. Wesley, Administratrix of Ronald Denny, appellants.

MORRIS, Chief Judge.

Plaintiff appellants first assign error to the Commission's striking Deputy Commissioner Denson's conclusion of law No. 3, which concluded that Deputy Director of Prisons, W. L. Kautzky was negligent "in that he improperly maintained polyurethane mattresses in the Unit which he knew were highly inflammable and presented a hazard to anyone exposed to a burning mattress, when he could reasonably foresee that fires would be intentionally set by inmates...

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