Locklear v. N.C. Department of Correction, I.C. NO. TA-21045.

Plaintiff Billy Ray Locklear is a prison inmate under the custody and control of NCDOC.
Plaintiff alleges Correctional Officer Pittman, a transportation officer for defendant, breached a duty of reasonable care to prevent his fall from a transport vehicle on June 12, 2008.
On June 12, 2008, Plaintiff was being transported between facilities after surgery.
Pittman took and secured Plaintiff's cane upon entering the bus.
At Sandy Ridge, Plaintiff requested pain medication; after being asked to exit the bus to see a nurse, he exited without his cane and fell.
The Full Commission found conflicting testimony but weighed Pittman’s testimony and ultimately concluded no negligence by Defendant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Pittman negligently guard the inmate during boarding/exiting the bus?	Locklear maintained Pittman failed to provide safety during boarding/exiting.	Pittman acted within his duties; injury not reasonably foreseeable.	No negligence proven; no breach of duty.
Does the Tort Claims Act require foreseeability prove for negligence; was it shown here?	Foreseeable risk of injury existed due to transport duties and removal of cane.	Plaintiff failed to show foreseeability and breach proximately causing injury.	Plaintiff did not meet burden; dismissal affirmed.

Bolkhir v. N.C. State Univ., 321 N.C. 706 (1988) (negligence elements under Tort Claims Act; burden of proof)
Roumillat v. Simplistic Enterprises, Inc., 331 N.C. 57 (1992) (negligence standard—notice of dangerous condition and duties)