Crawford v. Wayne County Board of Education

Defendant relies upon three points in his assignments of error, the first of which is as follows:

“Defendant submits that when the name of an employee is omitted from the affidavit in an action brought under G.S. 143-291 or G.S. 143-300.1 of the State Torts Claims Act, it is a jurisdictional defect and cannot be cured by amendment, but only by beginning the action anew. . . .”

This Court has held that it is necessary to a recovery that the affidavit of claimant set forth the name of the allegedly negligent employee and the acts of negligence relied upon. Floyd v. Highway Commission, 241 N.C.…