Norman v. North Carolina Department of Transportation

GEER, Judge.

Plaintiff Susan Norman was injured when her car collided with a train at a railroad crossing in the town of Elkin. Defendant, the North Carolina Department of Transportation (“DOT”), has appealed from the North Carolina Industrial Commission’s decisions under the State Tort Claims Act granting partial summary judgment to plaintiff on the issue of negligence and, after an evidentiary hearing, concluding that Ms. Norman was not contributorily negligent. Although we affirm the Commission’s contributory negligence decision as supported by competent evidence, we reverse the decision…