Wood v. North Carolina State University

HUDSON, Judge.

North Carolina State University (“NCSU”) appeals an order granting the plaintiffs’ motion to strike its defense of sovereign immunity and denying its motion to dismiss, which the court converted to a motion for summary judgment, on the ground of sovereign immunity. Because we hold that to the extent NCSU’s sovereign immunity was waived, jurisdiction is in the Industrial Commission, we vacate the order and remand this action to the superior court for dismissal.

I

The facts relevant to this appeal are not in dispute. Plaintiffs Kathy A. Wood and Evalyn Gonzales are former students…