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PATE v. N.C. DEPT. OF TRANSP.

No. COA05-609.

626 S.E.2d 661 (2006)

Derek A. PATE and Michelle D. Pate, Plaintiffs, v. N.C. DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

March 7, 2006.

Attorney(s) appearing for the Case

Hopf & Higley, P.A., by James F. Hopf, Greenville, for plaintiff-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Amar Majmundar, for defendant-appellant.

LEVINSON, Judge.

Defendant North Carolina Department of Transportation (NCDOT) appeals a decision and order of the Industrial Commission, affirming with modification a deputy commissioner's order awarding damages to plaintiffs. We affirm.

Record evidence establishes the following: In 1999 plaintiffs Derek and Michelle Pate lived at 2738 Stoney Brook Drive on State Rd. 1217, Farmville, in Pitt County, North Carolina...

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