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PHILLIPS v. NORTH CAROLINA DEPT. OF TRANSP.

No. 8510IC865.

341 S.E.2d 339 (1986)

Judy K. PHILLIPS & Melvin Owensby v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

April 1, 1986.

Attorney(s) appearing for the Case

Hamrick & Hamrick by J. Nat Hamrick, Rutherford, for plaintiffs-appellants.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. George W. Lennon and Associate Atty. Gen. Randy Meares, Dept. of Justice, Raleigh, for defendant-appellee.

PHILLIPS, Judge.

If G.S. 143-291 had not been amended by Session Laws 1977, c. 529, effective 1 July 1979, the Full Commission's decision denying recovery to plaintiffs would have to be summarily affirmed. For the negligence of the State in this case, if any, was that of inaction or omission rather than action or commission and before G.S. 143-291 was amended only claimants that had been injured by "a negligent act" of a state officer, employee, or other agent...

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