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COLLINS v. NORTH CAROLINA PAROLE COM'N

No. 199PA95.

473 S.E.2d 1 (1996)

344 N.C. 179

Thomas E. COLLINS, Administrator of the Estate of Judy Dianne Collins, Plaintiff, Thomas E. Collins, Individually, Plaintiff, v. NORTH CAROLINA PAROLE COMMISSION, Defendant.

Supreme Court of North Carolina.

July 31, 1996.

Attorney(s) appearing for the Case

Griffin & Wright, P.A. by Michael H. Griffin, Shelby, for plaintiff-appellant.

Michael F. Easley, Attorney General by Elisha H. Bunting, Jr., Special Deputy Attorney General, for defendant-appellee.

WEBB, Justice.

The Court of Appeals affirmed the decision of the Industrial Commission on the ground that under the State Tort Claims Act, N.C.G.S. § 143-291 (1993), sovereign immunity is waived only for negligent acts. The plaintiff alleged in this case that the acts of the members and employees of the Parole Commission were wanton, reckless, malicious, and grossly negligent. The Court of Appeals held that the Tort Claims Act waived the State's sovereign immunity...

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