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Legal Opinion

Smith v. N.C. Department of Transportation

Court of Appeals of North Carolina

Decided February 18, 2003No. COA02-146PublishedCited by 13 opinions

1Opinion of the Court

McCullough, Judge.

This appeal arises out of a collision between a Norfolk-Southern train and plaintiff Samuel Smith’s tractor-trailer on 22 September 1994. Plaintiff filed a complaint under the N.C. Tort Claims Act, N.C. Gen. Stat. § 143-291, et seq., on 19 September 1997 against defendant N.C. Department of Transportation (NCDOT), alleging that Garland B. Garrett (Sec. of Transportation), David Allsbrook (Engineering Division 5 Manager), Patrick B. Simmons (Director of NCDOT Rail Division), and other “unknown persons” of NCDOT were allegedly negligent in maintaining the safety of the…

2Cases cited12 opinions

  1. State v. JohnsonSupreme Court of North Carolina · 1979
  2. Northwestern Distributors, Inc. v. N. C. Department of TransportationCourt of Appeals of North Carolina · 1979
  3. Barney v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1972
  4. Smith v. BeasleySupreme Court of North Carolina · 1979
  5. Smith v. CorsatSupreme Court of North Carolina · 1963

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

3Cited by13 opinions

  1. Shera v. N.C. State University Veterinary Teaching HospitalCourt of Appeals of North Carolina · 2012
  2. Norman v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2003
  3. Drewry v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2005
  4. Viar v. N.C. Department of TransportationCourt of Appeals of North Carolina · 2004
  5. Ray v. N.C. Department of TransportationCourt of Appeals of North Carolina · 2011

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

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