Midgett v. North Carolina Department of Transportation
Court of Appeals of North Carolina
1Opinion of the Court
HUDSON, Judge.
The plaintiff appeals an Order of the Industrial Commission dismissing his claim against his employer, the N.C. Department of Transportation (“DOT”), for lack of jurisdiction under the Tort Claims Act. We affirm.
Plaintiff was employed by the DOT as a seaman aboard the MTV Kinnakeet, a ferry boat transporting motor vehicles and passengers between Hatteras Island and Ocracoke Island. On the morning of 4 July 1995, plaintiff slipped and fell on the deck of the Kinnakeet, injuring his back. According to the report filed by the plaintiffs investigating supervisor E.M. Farrow, the…
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