Legal Opinion

Smith v. N.C. Department of Natural Resources & Community Development

Court of Appeals of North Carolina

Decided December 7, 1993No. 9210IC1002PublishedCited by 8 opinions

1Opinion of the Court

LEWIS, Judge.

On 22 June 1989 plaintiff filed a claim under the North Carolina State Tort Claims Act against the North Carolina Department of Natural Resources and Community Development (hereafter “the State”), seeking $100,000 in damages for the wrongful death of her husband, Richard Carroll Smith. The case was heard in December 1990 before Deputy Commissioner Roger L. Dillard of the North Carolina Industrial Commission. Commissioner Dillard entered an order denying plaintiff’s claim on 7 May 1991 after concluding that the State was not negligent and that plaintiffs husband was negligent and…

2Cases cited8 opinions

  1. Michael Mandel v. United StatesCourt of Appeals for the Eighth Circuit · 1986
  2. Herman v. StateNew York Court of Appeals · 1984
  3. Branch Banking & Trust Co. v. Wilson County Board of EducationSupreme Court of North Carolina · 1960
  4. Prevette v. Wilkes General Hospital, Inc.Court of Appeals of North Carolina · 1978
  5. Paschall v. North Carolina Department of CorrectionCourt of Appeals of North Carolina · 1988

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3Cited by8 opinions

  1. Viar v. N.C. Department of TransportationCourt of Appeals of North Carolina · 2004
  2. Davis Ex Rel. Gholston v. Cumberland County Board of EducationCourt of Appeals of North Carolina · 2011
  3. Blair v. N.C. D.O.T.North Carolina Industrial Commission · 1997
  4. Holland v. FrenchCourt of Appeals of North Carolina · 2020
  5. Holland v. FrenchCourt of Appeals of North Carolina · 2020

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