Legal Opinion

Khatib v. N.C. Dep't of Transp.

Court of Appeals of North Carolina

Decided September 4, 2018No. COA17-1430Published

1Opinion of the Court

ELMORE, Judge.

*168 Plaintiff Basma Khatib appeals a decision and order of the North Carolina Industrial Commission denying her negligence claim against the North Carolina Department of Transportation ("NCDOT"). Khatib sustained injuries after she admittedly deviated from a pedestrian crosswalk to cut across a grass median and stepped into an uncovered storm drain, falling five feet underground. She sued the NCDOT in the *169 Industrial Commission under the Tort Claims Act, see N.C. Gen. Stat. § 143-293 , alleging that the NCDOT negligently failed to inspect and maintain the storm drain because when…

2Cases cited5 opinions

  1. State v. BlackwellSupreme Court of North Carolina · 1957
  2. Simmons v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1998
  3. Kremer v. Food Lion, Inc.Court of Appeals of North Carolina · 1991
  4. Proffitt v. GosnellCourt of Appeals of North Carolina · 2017
  5. Webb v. North Carolina Dept. of Transp.Court of Appeals of North Carolina · 2006

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