Simmons v. North Carolina Department of Transportation

WALKER, Judge.

Plaintiff initiated a claim before the North Carolina Industrial Commission under N.C. Gen. Stat. § 143-291 et seq., the Tort Claims Act. After a hearing, the deputy commissioner entered an order concluding that the negligence of defendant’s named employee was the proximate cause of plaintiff’s injuries and that plaintiff was not contributorily negligent. The parties then filed a stipulation of damages, and the deputy commissioner issued an order in which plaintiff was awarded $100,000.00 in damages. Defendant N.C. Department of Transportation (DOT) appealed to the Full…