Spain v. North Carolina Central University

The Full Commission has reviewed the prior Order of Deputy Commissioner Wanda Taylor. The appealing party has not shown good ground to reconsider the evidence; receive further evidence; rehear the parties or their representatives; or amend the Order.

*********** Pursuant to Rule T201 of the North Carolina Tort Claims Rules and Rule 12(b)(1) of the North Carolina Rules of Civil Procedure N.C.G.S. § 1A-1, and after careful consideration of the pleadings, defendant's Motion to Dismiss and plaintiff's response, it appears that the Industrial Commission lacks subject matter jurisdiction N.C.G.S. § 143-291 as plaintiff has failed to alleged any negligent act. This matter is therefore, DISMISSED.

Each side shall bear its own costs.

This the ___ day of August 1998.

S/ ________________________ THOMAS J. BOLCH COMMISSIONER

CONCURRING:

S/ ______________________ CHRISTOPHER SCOTT COMMISSIONER

S/ ______________________ RENÉE C. RIGGSBEE COMMISSIONER