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McEACHIN v. WAKE COUNTY BD. OF EDUC.

No. 9010IC184.

399 S.E.2d 590 (1991)

101 N.C. App. 399

Jewrusher McEACHIN, Guardian Ad Litem, for Plimpton Lee Robinson, Minor, v. WAKE COUNTY BOARD OF EDUCATION.

Court of Appeals of North Carolina.

January 15, 1991.

Attorney(s) appearing for the Case

George Ligon, Jr., Raleigh, for plaintiff, appellant.

Attorney Gen. Lacy H. Thornburg by Asst. Atty. Gen. Kimberly L. Cramer, Raleigh, for the State.

HEDRICK, Chief Judge.

In order to prevail under the North Carolina Tort Claims Act, plaintiff must prove negligence on the part of the named State employee while acting within the course and scope of his employment. Ayscue v. State Highway Commission, 270 N.C. 100, 153 S.E.2d 823 (1967). The only question before the Commission in this case was whether the driver of the school bus was negligent...

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