Multiple v. North Carolina Department of Health & Human Services

I agree that defendant’s appeal, although interlocutory, asserts a substantial right and is properly before this Court. Smith v. Jackson County Bd. of Educ., 168 N.C. App. 452, 608 S.E.2d 398 (2005).

The majority’s opinion then affirms the Industrial Commission’s denial of DHHS’ motion to dismiss and holds the public duty doctrine does not apply to the facts at bar. In the alternative, the majority’s opinion holds DHHS had a “special relationship” to plaintiffs to except plaintiff’s claims from the public duty doctrine. Precedents construing and applying the public duty doctrine clearly…