MIDGETT v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA 01-1081.

568 S.E.2d 643 (2002)

Leland MIDGETT, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Employer, SELF-INSURED (Key Risk Management, Servicing Agent), Defendant.

Court of Appeals of North Carolina.

September 3, 2002.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Amar Majmundar, for the State.

The Twiford Law Firm, L.L.P., by Branch W. Vincent, III, Manteo, for plaintiff-appellant.


HUDSON, Judge.

The plaintiff appeals an Order of the Industrial Commission dismissing his claim against his employer, the N.C. Department of Transportation ("DOT"), for lack of jurisdiction under the Tort Claims Act. We affirm.

Plaintiff was employed by the DOT as a seaman aboard the M/V Kinnakeet, a ferry boat transporting motor vehicles and passengers between Hatteras Island and Ocracoke Island. On the morning of 4 July 1995, plaintiff slipped and fell on...

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