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PIGG v. NORTH CAROLINA DEPT. OF CORRECTIONS

No. COA08-1373.

680 S.E.2d 235 (2009)

Charles E. PIGG, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF CORRECTIONS, Defendant.

Court of Appeals of North Carolina.

August 4, 2009.

Attorney(s) appearing for the Case

Michele Luecking-Sunman, Raleigh, for Plaintiff-Appellant.

Attorney General Roy Cooper, by Special Counsel James Peeler Smith, for the Defendant-Appellees.

BEASLEY, Judge.

Charles E. Pigg (Plaintiff) appeals from a Decision and Order of the North Carolina Industrial Commission (Commission) concluding that Plaintiff failed to state a claim under the North Carolina Tort Claims Act. The Commission found that because Plaintiff "failed to meet his burden of proving ... that Defendant breached the applicable standard of care and proximately caused the injuries [for] which Plaintiff complains[,]" Plaintiff was not entitled...

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