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GUTHRIE v. NORTH CAROLINA STATE PORTS AUTH.

No. 97PA82.

299 S.E.2d 618 (1983)

Fred GUTHRIE, Jr. and Kathy Guthrie v. NORTH CAROLINA STATE PORTS AUTHORITY.

Supreme Court of North Carolina.

February 8, 1983.

Attorney(s) appearing for the Case

Bennett, McConkey & Thompson, P.A. by Thomas S. Bennett and James W. Thompson, III, Morehead, for plaintiffs-appellants.

Stith & Stith by F. Blackwell Stith, New Bern, for defendant-appellee.

MEYER, Justice.

The sole question presented for our review is whether the trial court properly assumed jurisdiction to adjudicate plaintiffs' claims,1 or whether exclusive original jurisdiction lies with the Industrial Commission under the North Carolina Tort Claims Act, N.C.Gen.Stat. §§ 143-291 to -300.1 (1978 and Supp.1981). In order to resolve this issue, we must make three determinations:

1. Is the State Ports Authority...

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