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BLACKMON v. N.C. DEPT. OF CORRECTION

No. 235A95.

470 S.E.2d 8 (1996)

343 N.C. 259

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

Supreme Court of North Carolina.

May 10, 1996.

Attorney(s) appearing for the Case

Griffin, Caldwell, Helder, Lee & Helms, P.A. by W. David Lee and R. Kenneth Helms, Jr., Monroe, for plaintiff-appellant.

Michael F. Easley, Attorney General by Richard L. Griffin, Assistant Attorney General, for defendant-appellees.

Patterson, Harkavy & Lawrence by Martha A. Geer, Raleigh, on behalf of The American Civil Liberties Union of North Carolina Legal Foundation, amicus curiae.

PARKER, Justice.

Plaintiff appeals a decision of the Court of Appeals reversing a decision and order of the Industrial Commission awarding plaintiff damages under the Tort Claims Act. For the reasons stated herein, we conclude that provisions of the Workers' Compensation Act bar plaintiff's wrongful death action. Accordingly, we affirm the Court of Appeals.

On 6 November 1990 decedent Bobby Blackmon was an inmate...

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