Legal Opinion · Dissent

Cherney v. NORTH CAROLINA ZOOLOGICAL PARK

Court of Appeals of North Carolina

Decided November 2, 2004No. COA03-1615Published

1DissentTimmons-Goodson, Judge

Because I conclude that the Industrial Commission erred in its opinion and award, I respectfully dissent.

"Under the Tort Claims Act, jurisdiction is vested in the Industrial Commission to hear claims against the State of North Carolina for personal injuries sustained by any person as a result of the negligence of a State employee while acting within the scope of his employment." Guthrie v. State Ports Authority, 307 N.C. 522, 536, 299 S.E.2d 618, 626 (1983). On appeal from a decision by the Full Commission, this Court reviews the decision for errors of law "only under the same terms and…

2Cases cited5 opinions

  1. Guthrie v. North Carolina State Ports AuthoritySupreme Court of North Carolina · 1983
  2. Northwestern Distributors, Inc. v. N. C. Department of TransportationCourt of Appeals of North Carolina · 1979
  3. Davis v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1995
  4. Smith v. N.C. Department of TransportationCourt of Appeals of North Carolina · 2003
  5. Hummel v. University of North CarolinaCourt of Appeals of North Carolina · 2003

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API