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NORMAN v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA02-1053.

588 S.E.2d 42 (2003)

Susan NORMAN, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

November 18, 2003.

Attorney(s) appearing for the Case

Daniel J. Park, Elkin, for plaintiff-appellee.

Attorney General Roy Cooper, by Special Deputy Attorney General William H. Borden, for defendant-appellant.

GEER, Judge.

Plaintiff Susan Norman was injured when her car collided with a train at a railroad crossing in the town of Elkin. Defendant, the North Carolina Department of Transportation ("DOT"), has appealed from the North Carolina Industrial Commission's decisions under the State Tort Claims Act granting partial summary judgment to plaintiff on the issue of negligence and, after an evidentiary hearing, concluding that Ms. Norman was not contributorily negligent...

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