Legal Opinion

Martinez v. Wake Cty. Bd. of Educ.

Court of Appeals of North Carolina

Decided March 20, 2018No. COA17-475Published

1Opinion of the Court

DAVIS, Judge.

*660 *467 In this appeal from an action brought under North Carolina's Tort Claims Act, we consider the scope of the Industrial Commission's jurisdiction over negligence claims related to the operation of school buses. The Wake County Board of Education (the "Board") appeals from an order entered by the Commission denying their motion to dismiss various claims arising from the death of Maria J. Fernandez Jimenez, a 14-year-old girl who was struck by an oncoming vehicle while crossing the street to board her school bus.

In its 20 January 2017 order, the Industrial Commission concluded that…

2Cases cited19 opinions

  1. In Re the Appeal From the Civil PenaltySupreme Court of North Carolina · 1989
  2. Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
  3. State v. JonesSupreme Court of North Carolina · 2004
  4. Stein v. Asheville City Board of EducationSupreme Court of North Carolina · 2006
  5. Cannon v. MillerSupreme Court of North Carolina · 1985

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