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SMITH v. N.C. DEPT. OF TRANSP.

No. COA02-146.

576 S.E.2d 345 (2003)

Samuel SMITH, Plaintiff, v. N.C. DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

February 18, 2003.

Attorney(s) appearing for the Case

Morris York Williams Surles & Barringer, LLP, by Gregory C. York, Charlotte, for plaintiff-appellant-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Richard L. Harrison, for defendant-appellant-appellee.

McCULLOUGH, Judge.

This appeal arises out of a collision between a Norfolk-Southern train and plaintiff Samuel Smith's tractor-trailer on 22 September 1994. Plaintiff filed a complaint under the N.C. Tort Claims Act, N.C. Gen.Stat. § 143-291, et seq., on 19 September 1997 against defendant N.C. Department of Transportation (NCDOT), alleging that Garland B. Garrett (Sec. of Transportation), David Allsbrook (Engineering...

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