DocketNumber: I.C. NO. TA-20744 A.G. NO. 07-3440.
Judges: <center> ORDER for the FULL COMMISSION by DIANNE C. SELLERS, Commissioner, N.C. Industrial Commission.</center>
Filed Date: 3/26/2009
Status: Precedential
Modified Date: 7/6/2016
On September 16, 2008, Special Deputy Commissioner Taylor held a hearing on defendant's Motion to Dismiss. Plaintiff failed to appear for the hearing.
After review of plaintiff's affidavit and the submissions by the parties, the undersigned have determined that plaintiff's claim is not properly before the Industrial Commission. Plaintiff has alleged an intentional act which is not within the scope of the Tort Claims Act.See N.C. Gen. Stat. §
IT IS THEREFORE ORDERED that plaintiff's claim under the State Tort Claims Act must be and is hereby DISMISSED.
This the 23rd day of March 2009.
S/___________________ DIANNE C. SELLERS COMMISSIONER
CONCURRING:
S/_____________ BERNADINE S. BALLANCE COMMISSIONER
S/_______________ STACI T. MEYER COMMISSIONER