North Carolina Industrial Commission Cases

Smith v. Robeson County Public Schools

Dwight Smith v. Robeson County Public Schools and the Robeson County Board of Education

• 2010-12-28

Date Filed2010-12-28

DocketI.C. NO. TA-20073.

Judge<center> INTERLOCUTORY ORDER for the Full Commission by BERNADINE S. BALLANCE, Commissioner, N.C. Industrial Commission.</center>

Cited0 times

StatusPublished

Attorneys

APPEARANCES Plaintiff: Lennon Camak, PLLC, Attorneys at Law, Raleigh, NC; George W. Lennon, State Bar No. 7203, appearing. Defendants: Attorney General's Office, NC Department of Justice, Tort Claims Section; Heather Freeman, State Bar No. 28272, appearing.

Procedural Posture

This matter is before the Full Industrial Commission on plaintiff's motion to bifurcate the case affirming the finding of liability by defendant, vacating findings regarding damages and remanding the matter for an evidentiary hearing on the issue of damages, if any, sustained by plaintiff.

Full Opinion (html_with_citations)

*********** The Full Industrial Commission, having carefully considered the transcript of evidence, argument, briefs and contentions of the parties, finds that the pro se plaintiff at the hearing of this matter and appeal, prior to representation, had limited understanding and appreciation of his burden of proof, the rules of evidence and procedural requirements to be met under the Tort Claims Act, for good cause shown and in discretion of the Full Commission:

IT IS ORDERED that plaintiff's motion is granted in part and this case shall be bifurcated in the interest of justice and remanded to the Deputy Commissioner Section for taking evidence on damages, if any.

No costs are assessed at this time.

This the __ day of December, 2010.

S/___________________ BERNADINE S. BALLANCE COMMISSIONER

CONCURRING:

S/___________________ CHRISTOPHER SCOTT COMMISSIONER

S/___________________ STACI T. MEYER COMMISSIONER *Page 1