Yates v. N.C. Department of Transportation
I.C. NO. TA-21923.
| N.C. Indus. Comm. | Jun 29, 2011Background
- Plaintiff filed a Tort Claims Act affidavit with the North Carolina Industrial Commission on August 6, 2010.
- Affidavit alleges that on March 30, 2010, a North Carolina Department of Corrections employee made discriminatory and sexual remarks about Plaintiff.
- Defendant filed a Motion to Dismiss and Motion for Stay of Discovery on August 18, 2010.
- Motion to Dismiss asserted Plaintiff failed to state a negligence claim against any State agency.
- A pretrial videoconference was held on October 6, 2010 before Special Deputy Commissioner Hammond; Plaintiff testified the NCDOC employee spoke improperly and the incident was witnessed by another NCDOC employee.
- Full Commission ultimately found that Plaintiff failed to assert a cognizable claim for negligence and dismissed the action with prejudice; no costs were taxed due to forma pauperis status.
- This order affirming the Special Deputy Commissioner’s decision was issued on June 9, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff stated a negligence claim under the Tort Claims Act. | Plaintiff asserts negligence by a State employee arising from improper remarks. | Defendant contends the complaint does not state a viable negligence claim against a State agency. | Plaintiff failed to state a cognizable negligence claim; dismissal with prejudice. |
| Whether the Act confers jurisdiction to hear negligence claims against state agencies. | The Tort Claims Act authorizes negligence claims against state agencies. | The Act provides the framework but requires proper factual pleadings. | The Act provides jurisdiction to hear such claims; however, the claim here was not properly stated and was dismissed. |
| Whether dismissal with prejudice was appropriate. | N/A (not stated in text as argument for reversal). | N/A (not stated in text as argument for reversal). | Dismissal with prejudice affirmed. |
Key Cases Cited
- Bolkhir v. N.C. State Univ., 321 N.C. 706, 709, 365 S.E.2d 898, 900 (1988) (1988) (negligence standard under Tort Claims Act: same as private parties)
- Newton v. Standard Fire Ins. Co., 291 N.C. 105, 111, 229 S.E.2d 297, 300 (1976) (1976) (complaint should not be dismissed for insufficiency unless certain of no relief)
- Isenhour v. Hutto, 350 N.C. 601, 604, 517 S.E.2d 121, 124 (1999) (1999) (motion to dismiss tests legal sufficiency of complaint)