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BLACKMON v. N.C. DEPT. OF CORRECTION

No. 9410IC558.

457 S.E.2d 306 (1995)

118 N.C. App. 666

Mary B. BLACKMON, Administratrix of the Estate of Bobby T. Blackmon, Deceased, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Employer; and/or North Carolina Department of Transportation, Defendants.

Court of Appeals of North Carolina.

May 16, 1995.

Attorney(s) appearing for the Case

Hugh B. Lewis, Charlotte, W. David Lee, Griffin, Caldwell, Helder, Lee & Helms, P.A., Monroe, for plaintiff-appellee.

Atty. Gen. Michael F. Easley by Asst. Atty. Gen. Richard L. Griffin, Asheville, for defendants-appellants.

JOHN, Judge.

Defendants appeal an award by the North Carolina Industrial Commission (the Commission) of damages to plaintiff under the North Carolina Tort Claims Act (the Tort Claims Act). For the reasons set forth herein, we reverse the decision of the Commission.

Pertinent facts and procedural information are as follows: Decedent Bobby Blackmon (Blackmon) was an inmate incarcerated within the North Carolina Department of Correction (DOC) at Yancey Correctional...

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