Baker v. North Carolina Department of Correction

HEDRICK, Chief Judge.

The one question presented on this appeal is whether the Commission erred in concluding that Willingham “was not negligent in his closing of the window of the sick room.”

The law imposes upon every person who enters upon an active cause of conduct the positive duty to exercise ordinary care to protect others from harm and a violation of such duty constitutes negligence. Williamson v. Clay, 243 N.C. 337, 90 S.E. 2d 727 (1956); Abner Corp. v. City Roofing & Sheetmetal Co., 73 N.C. App. 470, 326 S.E. 2d 632 (1985).

The Commission in the present case made the finding that…