Legal Opinion

Ayscue v. N. C. State Highway Commission

Supreme Court of North Carolina

Decided April 12, 1967No. 452PublishedCited by 51 opinions

1Opinion of the Court

PER Cueiam.

No action, or other proceeding, may be maintained against the State Highway Commission to recover damages for death or other injury caused by its negligence or other tort, except insofar as that right is conferred by the Tort Claims Act. Teer Co. v. Highway Commission, 265 N.C. 1, 9, 143 S.E. 2d 247. That act provides that the Industrial Commission shall determine whether such claim arose as the result of “a negligent act” of an officer, employee, involuntary servant or agent of the State under circumstances such that if the State were a private person it would be liable to the…

2Cases cited4 opinions

  1. Floyd v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
  2. Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
  3. Flynn v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1956
  4. Wrape v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965

3Cited by51 opinions

  1. Myers v. McGradySupreme Court of North Carolina · 2006
  2. Frazier v. MurrayCourt of Appeals of North Carolina · 1999
  3. Phillips v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1986
  4. Thornton v. F.J. Cherry HospitalCourt of Appeals of North Carolina · 2007
  5. Brooks v. University of North CarolinaCourt of Appeals of North Carolina · 1968

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