BAKER v. NORTH CAROLINA DEPT. OF CORRECTION

No. 8610IC920.

354 S.E.2d 733 (1987)

Robert E. BAKER, Jr., Claimant, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Defendant.

Court of Appeals of North Carolina.

April 21, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen. Randy Meares, Raleigh, for the State.

N.C. Prisoner Legal Services, Inc. by Marvin Sparrow, Raleigh, for plaintiff, appellant.


HEDRICK, Chief Judge.

The one question presented on this appeal is whether the Commission erred in concluding that Willingham "was not negligent in his closing of the window of the sick room."

The law imposes upon every person who enters upon an active cause of conduct the positive duty to exercise ordinary care to protect others from harm and a violation of such duty constitutes negligence. Williamson v. Clay, 243 N.C. 337<...

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