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Tag Archives: STCA

Tort/Negligence – STCA – Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – STCA — Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – STCA – Public Duty Doctrine – Statutory Amendment – Clarification – Retroactive Application (access required)

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.

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Prisons & Jails – Tort/Negligence – STCA – Tight Handcuffs (access required)

Robinson v. North Carolina Department of Correction Where plaintiff testified that, all the way around his wrist, there were “teeth marks” from too-tight handcuffs and that his wrist was bruised and swollen, but where a drawing plaintiff made to document his injuries indicated that only his left finger and thumb were swollen with no indication of bruising, discoloration, a cut or “teeth marks” laterally around his wrist, the evidence supports the Industrial Commission’s finding that plaintiff’s drawing was inconsistent with his testimony regarding his injuries.

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Tort/Negligence – STCA – Damages – Companion Dog – Veterinary Expenses & Replacement Cost (access required)

Shera v. N.C. State University Veterinary Teaching Hospital Plaintiffs brought their Jack Russell terrier to defendant for treatment, and defendant’s negligence led to the dog’s death. Following the law of this state, the Industrial Commission correctly limited plaintiffs’ damages to the cost of the ill-fated veterinary treatment and the cost to buy another Jack Russell.

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Tort/Negligence – Wrongful Death – STCA – Public Duty Doctrine – Inapplicable – DOT – Eroded Highway (access required)

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.

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