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RICHARDSON v. NC DEPT. OF CORRECTION

No. 250A95.

478 S.E.2d 501 (1996)

345 N.C. 128

Percell RICHARDSON v. NORTH CAROLINA DEPARTMENT OF CORRECTION.

Supreme Court of North Carolina.

December 6, 1996.

Attorney(s) appearing for the Case

N.C. Prisoner Legal Services, Inc. by Linda B. Weisel and Kathryn L. VandenBerg, Raleigh; and J. Henry Banks, Henderson, for plaintiff-appellant.

Michael F. Easley, Attorney General by Don Wright, Assistant Attorney General, for defendant-appellee.

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

LAKE, Justice.

Plaintiff appeals a decision of the Court of Appeals upholding an order of the Industrial Commission dismissing plaintiff's claim under the Tort Claims Act. For the reasons stated herein, we conclude that plaintiff's exclusive source of remedy is through the Workers' Compensation Act, and thus plaintiff's claim under the Tort Claims Act is barred. Accordingly, we affirm the Court of Appeals.

On 13 September 1991, the plaintiff, an inmate at...

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