(a) The North Carolina Industrial Commission is hereby constituted a court for the purpose of hearing and passing upon tort claims against the State Board of Education, the Board of Transportation, and all other departments, institutions and agencies of the State. The Industrial Commission shall determine whether or not each individual claim arose as a result of the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority, under circumstances where the State of North Carolina, if a private person, would be liable to the claimant in accordance with the laws of North Carolina. If the Commission finds that there was negligence on the part of an officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority that was the proximate cause of the injury and that there was no contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted, the Commission shall determine the amount of damages that the claimant is entitled to be paid, including medical and other expenses, and by appropriate order direct the payment of damages as provided in subsection (a1) of this section, but in no event shall the amount of damages awarded exceed the amounts authorized in G.S. 143-299.2 cumulatively to all claimants on account of injury and damage to any one person arising out of a single occurrence. Community colleges and technical colleges shall be deemed State agencies for purposes of this Article. The fact that a claim may be brought under more than one Article under this Chapter shall not increase the foregoing maximum liability of the State.
(a1) The unit of State government that employed the employee at the time the cause of action arose shall pay the first one hundred fifty thousand dollars ($150,000) of liability, and the balance of any payment owed shall be paid in accordance with G.S. 143-299.4.
(b) If a State agency, otherwise authorized to purchase insurance, purchases a policy of commercial liability insurance providing coverage in an amount at least equal to the limits of the State Tort Claims Act, such insurance coverage shall be in lieu of the State's obligation for payment under this Article.
(c) Repealed by Session Laws 2021-184, s. 2(e), effective July 1, 2022.
(d) Liability in tort of the State Health Plan for Teachers and State Employees for noncertifications as defined under G.S. 58-50-61 shall be only under this Article.
(e) This Article provides the sole and exclusive remedy for any claim that arises as a result of the negligence of any officer, employee, involuntary servant, or agent of the State while acting within the scope of his office, employment, service, agency, or authority, and the North Carolina Industrial Commission is the sole and exclusive forum for hearing any such claims. Any such claims filed in any other forum arising out of or relating to the same subject matter against the officer, employee, involuntary servant, or agent of the State is precluded. (1951, c. 1059, s. 1; 1953, c. 1314; 1955, c. 400, s. 1; c. 1102, s. 1; c. 1361; 1957, c. 65, s. 11; 1965, c. 256, s. 1; 1967, c. 1206, s. 1; 1971, c. 893, s. 1; 1973, c. 507, s. 5; c. 1225, s. 1; 1977, c. 464, s. 34; c. 529, ss. 1, 2; 1979, c. 1053, s. 1; 1987, c. 684, s. 1; 1987 (Reg. Sess., 1988), c. 1087, s. 1; 1993 (Reg. Sess., 1994), c. 769, s. 19.33(a); c. 777, s. 5(a); 2000-67, ss. 7A(a), 7A(b); 2001-446, s. 5(f); 2007-323, s. 28.22A(o); 2007-345, s. 12; 2021-184, s. 2(e); 2023-134, s. 31.1(a).)
Notes of Decisions
Wood v. North Carolina State Univ., 556 S.E.2d 38 (N.C. Ct. App. 2001).
· cites it 49× “(b) If a State agency, otherwise authorized to purchase insurance, purchases a policy of commercial liability insurance providing coverage in an amount at least equal to the limits of the State Tort Claims Act, such insurance coverage shall be in lieu of the State’s obligation…”
Green Ex Rel. Crudup v. Kearney, 690 S.E.2d 755 (N.C. Ct. App. 2010).
· cites it 24× “N.C. Gen. Stat. § 143-291 et seq. (2009), commonly known as the Tort Claims Act, provides a limited waiver of sovereign immunity for negligence actions against public officers when acting in their official capacity.”
Stone v. North Carolina Dep't of Labor, 495 S.E.2d 711 (N.C. 1998).
· cites it 30× “Plaintiffs commenced this negligence action against defendants, the North Carolina Department of Labor and its Occupational Safety and Health Division, pursuant to the Tort Claims Act, N.C.G.S. §§ 143-291 to -300.1 (1993) (amended 1994).”
Myers v. McGrady, 628 S.E.2d 761 (N.C. 2006).
· cites it 27× “This waiver is set forth in its entirety in N.C.G.S. §§ 143-291 to -300.1 and is commonly known as the North Carolina State Tort Claims Act.”
Meyer v. Walls, 489 S.E.2d 880 (N.C. 1997).
· cites it 13× “§ 153-435(b) control over those of N.C.G.S. § 143-291(a) where there is a conflict, and a remand is necessary for a determination as to whether the amount of insurance coverage exceeded the $100,000 cap on recovery under the Tort Claims Act; (2) a suit against Underwood in his…”
Viar v. N.C. Dep't of Transp., 590 S.E.2d 909 (N.C. Ct. App. 2004).
· cites it 36× “which proximately caused plaintiffs[`] injuries," the Commission applied N.C. Gen.Stat. § 143-291 (2003). Under [N.”
Smith v. N.C. Dep't of Transp., 576 S.E.2d 345 (N.C. Ct. App. 2003).
· cites it 24× “Tort Claims Act, N.C. Gen.Stat. § 143-291, et seq., on 19 September 1997 against defendant N.”
Fennell v. North Carolina Dep't of Crime Control & Pub. Saf., 551 S.E.2d 486 (N.C. Ct. App. 2001).
· cites it 16× “In its decision, the Commission reversed the decision and order of the deputy commissioner and dismissed plaintiffs' Tort Claims Act, N.C. Gen.Stat. § 143-291 et. seq. (1999), claim against the State Highway Patrol ("Highway Patrol").”
Ray v. North Carolina Dep't of Transp., 727 S.E.2d 675 (N.C. 2012).
· cites it 9× “The STCA, enacted in 1951, provides a limited waiver of sovereign immunity for the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority, under circumstances where the…”
Oliver v. Baity, 208 F. Supp. 3d 681 (M.D.N.C. 2016).
· cites it 10× “) Under the Act, the North Carolina Industrial Commission (“the Commission”) is the established forum for “hearing and passing upon tort claims against .”
Guthrie v. North Carolina State Ports Auth., 299 S.E.2d 618 (N.C. 1983).
· cites it 8× “The sole question presented for our review is whether the trial court properly assumed jurisdiction to adjudicate plaintiffs’ claims, 1 or whether exclusive original jurisdiction lies with the Industrial Commission under the North Carolina Tort Claims Act, N.C. Gen. Stat. §§…”
Medley v. North Carolina Dep't of Corr., 412 S.E.2d 654 (N.C. 1992).
· cites it 12× “This appeal arises from a medical negligence claim filed with the North Carolina Industrial Commission by plaintiff, an inmate at Odom Correctional Institution, against the Department of Correction (DOC) under the North Carolina Tort Claims Act, N.C.G.S. § 143-291. Defendant…”
— N.C. Gen. Stat. § 143-291(a) — 45 cases
Meyer v. Walls, 489 S.E.2d 880 (N.C. 1997).
“§ 153-435(b) control over those of N.C.G.S. § 143-291(a) where there is a conflict, and a remand is necessary for a determination as to whether the amount of insurance coverage exceeded the $100,000 cap on recovery under the Tort Claims Act; (2) a suit against Underwood in his…”
Wood v. North Carolina State Univ., 556 S.E.2d 38 (N.C. Ct. App. 2001).
“(b) If a State agency, otherwise authorized to purchase insurance, purchases a policy of commercial liability insurance providing coverage in an amount at least equal to the limits of the State Tort Claims Act, such insurance coverage shall be in lieu of the State’s obligation…”
Stone v. North Carolina Dep't of Labor, 495 S.E.2d 711 (N.C. 1998).
“Plaintiffs commenced this negligence action against defendants, the North Carolina Department of Labor and its Occupational Safety and Health Division, pursuant to the Tort Claims Act, N.C.G.S. §§ 143-291 to -300.1 (1993) (amended 1994).”
Myers v. McGrady, 628 S.E.2d 761 (N.C. 2006).
“This waiver is set forth in its entirety in N.C.G.S. §§ 143-291 to -300.1 and is commonly known as the North Carolina State Tort Claims Act.”
Ray v. North Carolina Dep't of Transp., 727 S.E.2d 675 (N.C. 2012).
“The STCA, enacted in 1951, provides a limited waiver of sovereign immunity for the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority, under circumstances where the…”
— N.C. Gen. Stat. § 143-291(al) — 1 case
— N.C. Gen. Stat. § 143-291(b) — 5 cases
Wood v. North Carolina State Univ., 556 S.E.2d 38 (N.C. Ct. App. 2001).
“(b) If a State agency, otherwise authorized to purchase insurance, purchases a policy of commercial liability insurance providing coverage in an amount at least equal to the limits of the State Tort Claims Act, such insurance coverage shall be in lieu of the State’s obligation…”
Green Ex Rel. Crudup v. Kearney, 690 S.E.2d 755 (N.C. Ct. App. 2010).
“N.C. Gen. Stat. § 143-291 et seq. (2009), commonly known as the Tort Claims Act, provides a limited waiver of sovereign immunity for negligence actions against public officers when acting in their official capacity.”
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