Fennell v. North Carolina Department of Crime Control & Public Safety

HUNTER, Judge.

Norwood and Annie Fennell (collectively, “plaintiffs”) appeal from a decision and order of the North Carolina Industrial Commission (“Commission”). In its decision, the Commission reversed the decision and order of the deputy commissioner and dismissed plaintiffs’ Tort Claims Act, N.C. Gen. Stat. § 143-291 et. seq. (1999), claim against the State Highway Patrol (“Highway Patrol”). On appeal, plaintiffs assign error to the Commission’s reversal of the deputy commissioner’s decision. After a careful review of the record and briefs, the decision and order of the Commission is…