Legal Opinion

Pate v. N.C. Department of Transportation

Court of Appeals of North Carolina

Decided March 7, 2006No. COA05-609PublishedCited by 8 opinions

1Opinion of the Court

LEVINSON, Judge.

Defendant North Carolina Department of Transportation (NCDOT) appeals a decision and order of the Industrial Commission, affirming with modification a deputy commissioner’s order awarding damages to plaintiffs. We affirm.

Record evidence establishes the following: In 1999 plaintiffs Derek and Michelle Pate lived at 2738 Stoney Brook Drive on State Rd. 1217, Farmville, in Pitt County, North Carolina. A buried drainage pipe ran under their property and beneath the road. Maintenance of both State Rd. 1217 and of the drainage pipe, including determination of the appropriate…

2Cases cited10 opinions

  1. Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
  2. Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
  3. Simmons v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1998
  4. Bryant v. Weyerhaeuser Co.Court of Appeals of North Carolina · 1998
  5. Simmons Ex Rel. Simmons v. Columbus County Board of EducationCourt of Appeals of North Carolina · 2005

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Stevenson v. N.C. Department of CorrectionCourt of Appeals of North Carolina · 2011
  2. Cardenas v. Eternal Sunshine Cafe, LLCDistrict Court, E.D. North Carolina · 2023
  3. Colborn v. Forest Good Eats, LLCDistrict Court, E.D. North Carolina · 2020
  4. Pate v. N.C. Department of TransportationCourt of Appeals of North Carolina · 2006
  5. Suarez v. Camden Property TrustDistrict Court, E.D. North Carolina · 2020

3 more not listed; retrieve them via the Exa API.

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