Viar v. N.C. Department of Transportation

I respectfully dissent from the majority’s holding to reverse the Industrial Commission’s opinion and award. Plaintiff failed to comply with the appellate rules of this Court. I vote to dismiss this appeal or, in the alternative, to affirm the Commission on the merits of the appeal.

I. Standard of Review

The North Carolina Department of Transportation (“NCDOT”) is subject to a suit to recover damages for death caused by its negligence only as is provided in the Tort Claims Act. Davis v. Highway Commission, 271 N.C. 405, 156 S.E.2d 685 (1967). That Act states in part, “[t]he Industrial…