ZIMMER v. NORTH CAROLINA DEPT. OF TRANSP.

No. 8710IC127.

360 S.E.2d 115 (1987)

87 N.C. App. 132

Michael ZIMMER v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of North Carolina.

September 15, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Robert E. Cansler, Asheville, for North Carolina Dept. of Transp.

Jones P. Byrd, Asheville, for claimant-appellee.


MARTIN, Judge.

Relying upon the doctrine of sovereign immunity, DOT contends that the Industrial Commission has no jurisdiction over the person of the State in this case and that its motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(2) should have been granted. On the other hand, claimant contends that no real issue of personal jurisdiction exists and that the order denying DOT's motion is interlocutory and not presently appealable. While we sustain DOT's right...

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