Adams Ex Rel. Adams v. State Board of Education

The Tort Claims Act provides that “the findings of fact of the Commission shall be conclusive if there is any competent evidence to support them. . . .” G.S. 143-293; Bradshaw v. Board of Education, 244 N.C. 393, 93 S.E. 2d 434.

Necessarily, then, decision turns on whether there is any competent evidence to support the Industrial Commission’s finding and conclusion that the plaintiff was contributorily negligent in bar of recovery.

The question thus posed requires a recurrence to these fundamental principles of law: Contributory negligence is such an act or omission on the part of the plaintiff…