Guthrie v. North Carolina State Ports Authority

MEYER, Justice.

The sole question presented for our review is whether the trial court properly assumed jurisdiction to adjudicate plaintiffs’ claims, 1 or whether exclusive original jurisdiction lies with the Industrial Commission under the North Carolina Tort Claims Act, N.C. Gen. Stat. §§ 143-291 to -300.1 (1978 and Supp. 1981). In order to resolve this issue, we must make three determinations:

1. Is the State Ports Authority an “agency of the State” and thus entitled to claim the defense of sovereign immunity? We answer in the affirmative.

2. Has the State Ports Authority implicitly waived…