Hochheiser v. North CaroLina Department of Transportation

HEDRICK, Chief Judge.

The critical facts giving rise to these claims are not in dispute. The one question raised by this appeal is whether the un-controverted facts support the award of death benefits to plaintiff under G.S. 143-291, the North Carolina Tort Claims Act. Stated another way, the question before us is whether these claims “arose as a result of the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority, under circumstances where the State of North Carolina, if a private…