North Carolina Industrial Commission, 1999

Lanier v. N.C. Department of Transportation

North Carolina Industrial Commission · Decided February 3, 1999 · <center> ORDER WRITTEN FOR THE FULL COMMISSION BY LAURA KRANIFELD MAVRETIC, COMMISSIONER.</center>

Counsel

APPEARANCES Plaintiffs: Johnson Parsons, Attorneys, Clinton, North Carolina; Dale Johnson, appearing for the Estate of Joseph N. Lanier. Ellis, Hooper, Warlick, Morgan Henry, Attorneys, Jacksonville, North Carolina; John Drew Warlick, Jr. appearing for the Estate of David Lee Clibbons. Defendant: The Honorable Michael F. Easley, Attorney General, Raleigh, North Carolina; Don Wright, Assistant Attorney General, appearing. ***********

Opinion of the Court

Plaintiffs have filed motions for a new hearing pursuant to Rule T310 of the N.C. Tort Claims Rules. These motions were supported by affidavits from the four attorneys for plaintiffs in this matter.

Upon due consideration of the motions and supporting affidavits, the Full Commission hereby VACATES the Decision and Order of Deputy Commissioner Garner dated May 8, 1998, and REMANDS the case to a Deputy Commissioner for a hearing denovo upon all issues in controversy. If the parties choose to participate in a mediated settlement conference prior to the hearing, the attorneys should inform the Commission through its Mediation Coordinator, John Schafer, of this decision

This the ___ day of February 1999.

S/_____________ LAURA KRANIFELD MAVRETIC COMMISSIONER

CONCURRING:

S/_____________ J. HOWARD BUNN, JR. CHAIRMAN

S/_____________ THOMAS J. BOLCH COMMISSIONER

LKM/jth

Case-law data current through December 31, 2025. Source: CourtListener bulk data.