Hunt v. North Carolina Department of Labor

PARKER, Justice.

Plaintiff, by and through his guardian ad litem, commenced this negligence action against defendant, North Carolina Department of Labor, pursuant to the Tort Claims Act, N.C.G.S. §§ 143-291 to -300.1 (1993) (amended 1994). Plaintiff sought damages for injuries resulting from an accident at an amusement park in Cumberland County, North Carolina. Defendant moved, pursuant to N.C.G.S. § 1A-1, Rules 12(b)(1) and (6), to dismiss plaintiffs claim. Deputy Commissioner John A. Hedrick denied the motion. The full Commission affirmed and adopted his decision.

The Court of Appeals…