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OAKLEY v. THOMAS

No. 9218SC935.

434 S.E.2d 663 (1993)

Peggy W. OAKLEY, Administratrix of the Estate of Adrian Eugene Oakley, Plaintiff/Appellant, v. Danny Joe THOMAS, Defendant/Appellee.

Court of Appeals of North Carolina.

September 21, 1993.

Attorney(s) appearing for the Case

Stern, Graham & Klepfer by Donald T. Bogan, and Hodgman, Elam, Gordon & Churchill by John C. Elam, Greensboro, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. E.H. Bunting, Jr., Raleigh, for defendant-appellee.

Teague, Rotenstreich and Stanaland by Stephen G. Teague, Greensboro, for unnamed defendant Harleysville Mut. Ins. Co.

EAGLES, Judge.

I.

Plaintiff contends that her "recovery against the Randolph County Board of Education pursuant to the North Carolina Tort Claims Act does not bar Oakley's [plaintiff's] claims against the individual bus driver who caused the wreck, or Oakley's UM/UIM carrier for damages in excess of the maximum recovery allowable under the Tort Claims Act." We agree.

The North Carolina Industrial Commission has "jurisdiction to hear and determine...

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