Collins v. North Carolina Parole Commission

WEBB, Justice.

The Court of Appeals affirmed the decision of the Industrial Commission on the ground that under the State Tort Claims Act, N.C.G.S. § 143-291 (1993), sovereign immunity is waived only for negligent acts. The plaintiff alleged in this case that the acts of the members and employees of the Parole Commission were wanton, reckless, malicious, and grossly negligent. The Court of Appeals held that the Tort Claims Act waived the State’s sovereign immunity only for ordinary negligence, and the plaintiff has alleged more than ordinary negligence. The Court of Appeals said this deprived…