Smith v. N.C. Department of Transportation

I concur with parts I, II, and III of the majority’s opinion affirming the Full Commission’s finding that plaintiff complied with the requirements of the Tort Claims Act, that defendant was negligent, and that plaintiff was not contributorily negligent.

*106I also concur in the result to vacate the damage award and remand to the Full Commission for further determination. I write separately to state that on remand the Full Commission may ignore speculative evidence and resolve any conflicts and inconsistencies in the record evidence.

The Commission may “weigh the evidence [presented to the deputy…