Tort/Negligence – STCA – Public Duty Doctrine – Statutory Amendment – Clarification – Retroactive Application
Ray v. North Carolina Department of Transportation When the General Assembly amended the State Tort Claims Act in 2008, the legislature clarified the STCA by limiting the public duty doctrine as a defense. Therefore, the amendment applies to plaintiffs’ claims that arose in 2002 and were pending when the amendment was passed.
Tort/Negligence – Wrongful Death – STCA – Public Duty Doctrine – Inapplicable – DOT – Eroded Highway
Ray v. N.C. Department of Transportation Where the decision to maintain the state’s roads in a safe condition is a duty of the defendant Department of Transportation and is not discretionary, and where no external injurious force is involved in this case, the public duty doctrine does not apply.
Strickland v. University of North Carolina at Wilmington A father’s claim for wrongful death after his son was killed while a warrant was being served is not barred by the public duty doctrine since a law enforcement officer’s duty to provide accurate information during a criminal investigation is not one that is owed to the public in general. We affirm the order of the Industrial [...]
Estate of Burgess v. Hamrick. A woman whose intoxicated husband was killed while he attempted to cross a highway after a sheriff's deputy let him off at a motel is barred from claims by the public-duty doctrine and has no valid claim against the deputy in his individual capacity because his actions were not corrupt or malicious.
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