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RAY v. N.C. DEPT. OF TRANSP.

No. COA11-17.

720 S.E.2d 720 (2011)

Jennifer RAY, Administratrix of the Estate of Mickela Nicholson; Linda Judge, Administratrix of the Estate of Marianne Dauscher; and Eileen and Roger Layaou, Co-Administrators of the Estate of Michael Layaou, Plaintiffs, v. N.C. DEPARTMENT OF TRANSPORTATION, Defendant.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

Zaytoun Law Firm, PLLC, Raleigh, by Robert E. Zaytoun , and McGrath Podgorny, PA, Research Triangle Park, by Mark R. McGrath , for Plaintiffs-appellants.

Attorney General Roy Cooper , by Special Deputy Attorney General Amar Majmundar , for Defendant-appellee.

Paterson Harkavy LLP, Raleigh, by Burton Craige , and Jonathan R. Reich , for North Carolina Advocates for Justice, amicus curiae.

HUNTER, JR., ROBERT N., Judge.

Plaintiffs appeal from the 13 July 2010 Order of the North Carolina Industrial Commission, which held that the public duty doctrine applied to bar Plaintiffs' claims and that those claims were therefore dismissed under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. Plaintiffs argue that the public duty doctrine does not apply and that the Full Commission erred in dismissing their case. We agree.

I. Factual &...

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