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PHILLIPS EX REL. BATES v. DEPT. OF TRANSP.

No. COA09-100.

684 S.E.2d 725 (2009)

Justin PHILLIPS, By and Through Guardian Ad Litem, Teresa BATES, Plaintiff, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

November 3, 2009.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Tina L. Hlabse, for the State.

Law Offices of Jonathan S. Dills, P.A., by Jonathan S. Dills, Winston-Salem, for plaintiff-appellant.

BRYANT, Judge.

Plaintiff appeals from a Decision and Order of the Full Commission of the North Carolina Industrial Commission filed 6 August 2008 which denied plaintiff's claim for benefits under the North Carolina Tort Claims Act. For the reasons stated herein, we affirm the Decision and Order of the Commission.

Facts

On 11 July 1999, Richard Phillips was driving on Highway 158 in Forsyth County, North Carolina. Justin Phillips (plaintiff...

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