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RAY v. NORTH CAROLINA DEPT. OF TRANSP.

No. 28A12.

727 S.E.2d 675 (2012)

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 v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

Supreme Court of North Carolina.

June 14, 2012.

Attorney(s) appearing for the Case

Zaytoun Law Firm, PLLC, by Matthew D. Ballew and Robert E. Zaytoun , Raleigh, for plaintiff-appellees.

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

Patterson Harkavy LLP, Raleigh, by Burton Craige ; and Kirby & Holt, L.L.P., Raleigh, by Isaac Thorp , for North Carolina Advocates for Justice, amicus curiae.

NEWBY, Justice.

In this case we must determine whether the public duty doctrine bars plaintiffs' claims against defendant North Carolina Department of Transportation ("DOT") under the State Tort Claims Act ("STCA"). To answer this question we must consider the impact of the limitation placed on the use of the public duty doctrine by the General Assembly's 2008 amendment to the STCA. See N.C.G.S. § 143-299.1A (2011). Because we hold that N.C.G.S. §...

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