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eBook details

• Title: North Carolina v. Lednum
• Author : Court of Appeals of North Carolina
• Release Date : January 07, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

If G.S. 143-291 had not been amended by Session Laws 1977, c. 529, effective 1 July 1979, the Full Commissions 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 omissions or failures to act of its employees. Ayscue v. N.C. State Highway Commission, 270 N.C. 100, 154 S.E.2d 59 (1967); Flynn v. N.C. State Highway and Public Works Commission, 244 N.C. 617, 94 S.E.2d 571 (1956). But that is no longer the law and the Commission erred in assuming that it is. By virtue of the amendment referred to, the words "a negligent act" were replaced by the words "the negligence" and G.S. 143-291, in pertinent part, now reads, and did when plaintiffs were injured, as follows:

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