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SMITH v. DEPT. OF NATURAL RES. & COM. DEV.

No. 9210IC1002.

436 S.E.2d 878 (1993)

Martha SMITH, Administratrix of the Estate of Richard Smith, Deceased, v. N.C. DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT.

Court of Appeals of North Carolina.

December 7, 1993.

Attorney(s) appearing for the Case

White and Crumpler by G. Edgar Parker and Joan E. Brodish, Winston-Salem, for plaintiff-appellant.

Attorney General Michael F. Easley by Sp. Deputy Atty. Gen., Elisha H. Bunting, Jr., Raleigh, for the State.

LEWIS, Judge.

On 22 June 1989 plaintiff filed a claim under the North Carolina State Tort Claims Act against the North Carolina Department of Natural Resources and Community Development (hereafter "the State"), seeking $100,000 in damages for the wrongful death of her husband, Richard Carroll Smith. The case was heard in December 1990 before Deputy Commissioner Roger L. Dillard of the North Carolina Industrial Commission. Commissioner Dillard entered an order denying...

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