MacKey v. North Carolina State Highway Commission

Defendant assigns as error, and in its brief strenuously argues, that there was no evidence of record to support the determination of the Full Commission that the named employee of the defendant committed a negligent act so as to allow plaintiff to recover under the State Tort Claims Act.

“The findings of fact by the Industrial Commission are conclusive if there is any competent evidence to support them. G.S. 143-293.” Mitchell v. Board of Education, 1 N.C. App. 373, 161 S.E. 2d 645.

We hold that the facts found by the Full Commission are supported by competent evidence and that they are…