IN THE SUPREME COURT OF NORTH CAROLINA
Filed: 7 APRIL 1995
HADLEY NEWGENT, Administrator )
of the Estate of JOSEPH LEVI )
NEWGENT, Deceased Minor )
v. ) No. 249A94 - Industrial
BUNCOMBE COUNTY BOARD OF )
Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 114 N.C. App. 407, 442 S.E.2d 158 (1994), affirming an Order of the North Carolina Industrial Commission, filed 12 April 1993, dismissing for lack of jurisdiction plaintiff's action under the State Tort Claims Act against defendant, Buncombe County Board of Education. Heard in the Supreme Court 14 March 1995.
Long, Parker & Payne, P.A., by Ronald K. Payne, for plaintiff-appellant.
Michael F. Easley, Attorney General, by Richard L. Griffin, Assistant Attorney General, for defendant-appellee.
For the reasons stated in the dissenting opinion by Judge Orr (now Justice Orr), the decision of the Court of Appeals is reversed; and the action is remanded to the Court of Appeals for further remand to the Industrial Commission.
REVERSED AND REMANDED.
Justice ORR did not participate in the consideration or decision of this case.