DocketNumber: I.C. NO. TA-21133.
Judges: <center> DECISION AND ORDER for the Full Commission by DANNY LEE McDONALD, Commissioner, N.C. Industrial Commission.</center>
Filed Date: 9/15/2010
Status: Precedential
Modified Date: 7/6/2016
2. Defendant moved to dismiss the action on the grounds that it was frivolous. At the hearing, Defendant further argued that the reason the claim was frivolous was due to a lack of subject matter jurisdiction over intentional torts and to the fact that Plaintiff had asserted no claim for physical damages which would be necessary to support a cause of action for negligence.
3. The Full Commission finds that Plaintiff's allegations are, in fact, of intentionally tortious acts on the part of Defendant's employees.
2. A Defendant's motion to dismiss tests the legal sufficiency of a Plaintiff's complaint, such that the Commission must determine whether, considering all of the facts alleged by Plaintiff in the light most favorable to him, Plaintiff has successfully stated a cause of *Page 3
action for negligence under the Tort Claims Act. BranchBanking Trust Co. v. Wilson County Bd. of Educ.,
3. The Tort Claims Act does not confer upon the Industrial Commission subject matter jurisdiction over causes of action based upon intentionally tortious conduct, as the State's sovereign immunity has not been waived with respect to such actions.Jenkins v. N.C. Dep't of Motor Vehicles,
2. No costs are taxed to Plaintiff, who was permitted to proceedin forma pauperis.
This the 9th day of September, 2010.
S/__________ DANNY LEE McDONALD COMMISSIONER
CONCURRING:
*Page 1S/__________ STACI T. MEYER COMMISSIONER
S/__________ BERNADINE S. BALLANCE COMMISSIONER
Bolkhir v. North Carolina State University , 321 N.C. 706 ( 1988 )
Branch Banking & Trust Co. v. WILSON COUNTY BD. OF ED. , 251 N.C. 603 ( 1960 )
Jenkins v. North Carolina Department of Motor Vehicles , 244 N.C. 560 ( 1956 )
Collins v. North Carolina Parole Commission , 344 N.C. 179 ( 1996 )