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RICHARDSON v. N.C. DEPT. OF CORRECTION

No. COA94-737.

457 S.E.2d 325 (1995)

118 N.C. App. 704

Percell RICHARDSON, Employee, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTION, Defendant.

Court of Appeals of North Carolina.

May 16, 1995.

Attorney(s) appearing for the Case

J. Henry Banks, Henderson, for plaintiff-appellant.

Attorney Gen. Michael F. Easley by Asst. Atty. Gen. Don Wright, Raleigh, for defendant-appellee.

LEWIS, Judge.

Plaintiff was permanently injured while working on a silage harvesting machine at Caldonia Farm in Tillery, North Carolina, operated by the North Carolina Department of Correction. On 23 September 1991, plaintiff filed a claim with the North Carolina Industrial Commission under the Tort Claims Act, N.C.G.S. §§ 143-291 to -300.1. In its amended answer, defendant moved to dismiss plaintiff's claim on the grounds that workers' compensation was...

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