Legal Opinion
Phillips v. North Carolina Department of Transportation
Court of Appeals of North Carolina
Decided April 1, 1986No. 8510IC865PublishedCited by 21 opinions
1Opinion of the Court
PHILLIPS, Judge.
If G.S. 143-291 had not been amended by Session Laws 1977, c. 529, effective 1 July 1979, the Full Commission’s decision denying recovery to plaintiffs would have to be summarily affirmed. For the negligence of the State in this case, if any, was that of inaction or omission rather than action or commission and before G.S. 143-291 was amended only claimants that had been injured by “a negligent act” of a state officer, employee, or other agent could recover under the Tort Claims Act. As earlier written the statute did not permit recovery from the State for the negligent…
2Cases cited4 opinions
- Ayscue v. N. C. State Highway CommissionSupreme Court of North Carolina · 1967
- State v. AycothSupreme Court of North Carolina · 1967
- Flynn v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1956
- Watson v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 1980
3Cited by21 opinions
- Zimmer v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 1987
- Davidson v. University of North Carolina at Chapel HillCourt of Appeals of North Carolina · 2001
- Reid v. RobertsCourt of Appeals of North Carolina · 1993
- Seaside Resorts, Inc. v. Club Car, Inc.Court of Appeals of South Carolina · 1992
- Norman v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2003
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