SIMMONS v. N.C. DEPT. OF TRANSP.

No. COA97-422.

496 S.E.2d 790 (1998)

Edward Earl SIMMONS, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

January 20, 1998.


Attorney(s) appearing for the Case

Stephen E. Culbreth and Yow, Fox & Mannen, L.L.P. by Jerry A. Mannen, Jr., Wilmington, for plaintiff-appellee.

Attorney General Michael F. Easley by Assistant Attorney General Carol K. Barnhill, for the State.


WALKER, Judge.

Plaintiff initiated a claim before the North Carolina Industrial Commission under N.C. Gen.Stat. § 143-291 et seq., the Tort Claims Act. After a hearing, the deputy commissioner entered an order concluding that the negligence of defendant's named employee was the proximate cause of plaintiff's injuries and that plaintiff was not contributorily negligent. The parties then filed a stipulation of...

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