Holt v. N.C. Dep't of Transp.

I respectfully disagree with the majority's conclusion that DOT's breach of duty was a proximate cause of the accident. Although the majority rejects DOT's challenge to certain findings of fact by summarily finding competent record evidence to support them, I agree with DOT that competent evidence is lacking.

I would reverse the Commission's decision for two reasons: (1) DOT's breach of duty was not an actual cause of plaintiffs' injuries; and (2) even if actual cause was established, I would find that the intentional criminal acts of Stasko and Atkinson could not have been reasonably foreseen…