Richardson v. North Carolina Department of Correction

*705LEWIS, Judge.

Plaintiff was permanently injured while working on a silage harvesting machine at Caldonia Farm in Tillery, North Carolina, operated by the North Carolina Department of Correction. On 23 September 1991, plaintiff filed a claim with the North Carolina Industrial Commission under the Tort Claims Act, N.C.G.S. §§ 143-291 to -300.1. In its amended answer, defendant moved to dismiss plaintiffs claim on the grounds that workers’ compensation was plaintiff’s exclusive remedy. By order filed 6 January 1993, Deputy Commissioner Jan N. Pittman granted defendant’s motion to dismiss.…