Terry v. N.C. Department of Agriculture, I.C. NO. TA-19432.

Full Commission affirms Deputy Commissioner’s decision denying relief.
Dep. Commissioner did not admit pretrial deposition transcript of Oxendine; ruling upheld.
Stipulations establish NC Industrial Commission jurisdiction and applicability of the NC Tort Claims Act.
Event on Feb 18, 2003 at the Southeastern Agricultural Center involved a stage erected by Defendant's staff for public speakers.
Plaintiff allege[d] negligence by Oxendine and Smith; Plaintiff fell from the stage and pursued damages under the Tort Claims Act.
Findings show stage lacked rails; manufacturer's manual urged rails; NC Building Codes discussed; stage height about 30 inches.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Defendant owed a duty to Plaintiff under the Tort Claims Act	Plaintiff (Oxendine) argues duty to erect safe stage elements.	Defendant contends no breach by its employees and no duty breach proven.	Duty not proven; no negligence established
Whether Defendant breached a duty by failing to install rails on the stage	Plaintiff claims rails were required by codes and manual.	Rails not required for 30-inch stage; manual not standard of care.	No breach proven; rails not required at 30 inches
Whether Plaintiff’s own negligence barred recovery	Plaintiff argues no contributory negligence.	Plaintiff contributed to injury; defense asserts mutual fault.	Plaintiff’s own negligence bars recovery if established
Proximate cause and causation under Tort Claims Act	Negligence caused the fall.	No proven breach; no proximate cause shown.	No actionable negligence proven; causation not established

Bolkhir v. N.C. State Univ., 321 N.C. 706 (1988) (negligence standards under Tort Claims Act are like private parties)
Pulley v. Rex Hosp., 326 N.C. 701 (1990) (elements of negligence: duty, breach, injury, proximate cause)
Crawford v. Wayne Co. Bd of Educ., 275 N.C. 354 (1969) (contributory negligence bar to recovery under Tort Claims Act)