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FENNELL EX REL. v. DEPT. OF CRIME CONTROL

No. COA00-824.

551 S.E.2d 486 (2001)

Norwood FENNELL and Annie Fennell, Administrators of the ESTATE OF Kenneth B. FENNELL, Deceased, Plaintiffs, v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, Defendant.

Court of Appeals of North Carolina.

August 21, 2001.

Attorney(s) appearing for the Case

McSurely & Osment, by Alan McSurely, Chapel Hill, for plantiff-appellants.

Attorney General Michael F. Easley, by Special Deputy Attorney General William H. Borden, for defendant-appellee.

HUNTER, Judge.

Norwood and Annie Fennell (collectively, "plaintiffs") appeal from a decision and order of the North Carolina Industrial Commission ("Commission"). In its decision, the Commission reversed the decision and order of the deputy commissioner and dismissed plaintiffs' Tort Claims Act, N.C. Gen.Stat. § 143-291 et. seq. (1999), claim against the State Highway Patrol ("Highway Patrol"). On appeal, plaintiffs assign error to the Commission's reversal...

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