Opinion

Oates v. North Carolina Department of Motor Vehicles

  • 24 N.C. App. 690
  • 212 S.E.2d 33
  • 1975 N.C. App. LEXIS 2475
Court
Court of Appeals of North Carolina
Filed
Feb 19, 1975
Status
Published
Author
Brock
On the bench
Britt, Brock, Clark
Cited by
0 cases
Authority
More cited than 14.8%

The opinion

BROCK, Chief Judge.

Findings of fact by the Industrial Commission are conclusive if supported by competent evidence. Tanner v. Dept. of Correction, 19 N.C. App. 689 , 200 S.E. 2d 350 (1973). It is the function of the finder of the facts to resolve inconsistencies and conflicts in the evidence.

*692 ' There is a serious question whether the findings of "fact support a conclusion that the negligence of Trooper Gales was a proximate cause of the accident and the resulting death of Oates. However, that question is not presented to us by this appeal, and we do not pass upon it. Nevertheless, it is clear that the facts found support the conclusion that plaintiff’s intestate (Tommy Gene Oates) was negligent in the taking and the operation of the trooper’s patrol car and that the negligence of plaintiff’s intestate was a proximate cause of the accident and the resulting death of plaintiff’s intestate. Contributory negligence on the part of the claimant bars his recovery under the State Tort Claims Act. G.S. 143-299.1; Crawford v. Board of Education, 275 N.C. 354 , 168 S.E. 2d 33 (1969).

Affirmed.

Judges Britt and Clark concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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