Zimmer v. North Carolina Department of Transportation

MARTIN, Judge.

Relying upon the doctrine of sovereign immunity, DOT contends that the Industrial Commission has no jurisdiction over the person of the State in this case and that its motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(2) should have been granted. On the other hand, claimant contends that no real issue of personal jurisdiction exists and that the order denying DOT’s motion is interlocutory and not presently appealable. While we sustain DOT’s right to pursue this appeal, we nevertheless affirm the denial of its motion to dismiss the claim for lack of personal jurisdiction.

Whether…