Nello L. Teer Co. v. North Carolina Department of Transportation

GEER, Judge.

Defendant North Carolina Department of Transportation (“DOT”) appeals from the order of the trial court that allowed plaintiff Nello L. Teer Company (“Teer”) to amend its complaint to add a verification and denied DOT’S motion to dismiss. DOT argues that it is entitled to bring this interlocutory appeal because the trial court’s ruling implicates its sovereign immunity. Even assuming, without deciding, that a failure to comply with the statutory requirements of N.C. Gen. Stat. § 136-29 (2005) violates the State’s sovereign immunity, the effect of the General Assembly’s amendment…