Patrick v. North Carolina Department of Health & Human Services

STEPHENS, Judge.

Defendant North Carolina Department of Health and Human Services (“DHHS”) appeals the North Carolina Industrial Commission’s order denying DHHS’s motion to dismiss an action brought by J.D., through her guardian ad litem Michael Patrick (“Plaintiff’), pursuant to the North Carolina State Tort Claims Act, N.C. Gen. Stat. §§ 143-291 to -300.1A (2007). DHHS asserts that Plaintiff’s claim is barred by public official immunity. We disagree and affirm the Industrial Commission’s order.

I. BACKGROUND

On 25 August 2006, Plaintiff filed an affidavit of claim in the Industrial Commission…