Opinion
I.C. No. TA-12492
Filed 9 October 1995
This matter is calendared for hearing before the Full Commission on October 9, 1995.
APPEARANCES
Plaintiff: Susan H. Pollitt and Marcus Jimison, N.C. Prisoner Legal Services, Inc., Raleigh, NC, Counsel of Record.
Defendants: The Honorable Michael F. Easley, Attorney General of North Carolina, Raleigh, NC; Don Wright of Record.
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Since the Deputy Commissioner's decision, the N.C. Court of Appeals has ruled that an inmate who suffers an accidental injury arising out of and in the course of work assigned by the Department of Correction is barred by N.C. Gen. Stat. § 97-13(c) from bringing a claim under the State Tort Claims Act, N.C. Gen. Stat. § 143-291, et seq. Richardson v. N.C. Department of Correction, 118 N.C. App. 704, 457 S.E.2d 325(1995); Blackmon v. N.C. Department of Correction, 118 N.C. App. 666, 457 S.E.2d 306(1995). According to the uncontradicted allegations of the parties and the finding of the Deputy Commissioner, this plaintiff was injured under such circumstances. Appeals from these cases are currently pending before the N.C. Supreme Court.
Consequently, IT IS ORDERED that this matter should be, and hereby is, DISMISSED.
S/ _______________ J. RANDOLPH WARD COMMISSIONER
CONCURRING:
S/ _______________ LAURA K. MAVRETIC COMMISSIONER
S/ _______________ DIANNE C. SELLERS COMMISSIONER
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