Drewry v. North Carolina Department of Transportation

BRYANT, Judge.

James Drewry 1 (plaintiff) appeals from an opinion and award of the Full Commission (Commission) filed 30 July 2003 dismissing plaintiff’s negligence action against the North Carolina Department of Transportation (NCDOT) and two of its employees.

This case was heard before a Deputy Commissioner on 14 October 2002. Defendant’s motion to dismiss at the close of plaintiff’s evidence was granted and an order was filed on 1 November 2002. Upon appeal, the Commission made the following findings to which the plaintiff assigns no error 2 :

1. On April 15, 1996, at approximately 9:15 p.m.,…