# Tanner v. State Department of Correction

> Court of Appeals of North Carolina · November 14, 1973 · 19 N.C. App. 689

URL: https://www.frixlaw.com/law-library/cases/9564217

## Case

- **Full name:** Samuel Tanner v. State Department of Correction; Travelers Insurance Company
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 14, 1973
- **Citations:** 19 N.C. App. 689; 200 S.E.2d 350; 1973 N.C. App. LEXIS 1740
- **Precedential status:** Published
- **Opinion:** Dissent by Hedrick
- **Judges:** Baley, Brock, Hedrick
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9564217

## Opinion text

*693 Judge Hedrick
dissenting:
It is my opinion that the facts found by the Commission fail to support its conclusion that both the plaintiff and defendant were negligent and that such negligence upon the part of each was a. proximate cause of plaintiff’s injuries. The findings of. fact are not sufficiently definitive to be determinative of the issues between the parties. While the Commission found and concluded that the plaintiff “lost his balance” and fell from the moving truck, the findings are silent as to why the plaintiff lost his balance. The record is replete with evidence as to the speed and manner in which Newsome operated the truck, and as to the conduct of the plaintiff immediately before and at the time he fell. It is the duty of the Commission to make findings and conclusions determinative of the issues between the parties. This, in my opinion, it has failed to do.
I vote to vacate the order and remand the proceeding to the Commission for further findings and conclusions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9564217. Public record. Not legal advice.