Oates v. North Carolina Department of Motor Vehicles

Court of Appeals of North Carolina

Oates v. North Carolina Department of Motor Vehicles

212 S.E.2d 33, 24 N.C. App. 690, 1975 N.C. App. LEXIS 2475

CourtCourt of Appeals of North Carolina

DecidedFebruary 19, 1975

DocketNo. 748IC927

StatusPublished

This text of 212 S.E.2d 33 (Oates v. North Carolina Department of Motor Vehicles) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oates v. North Carolina Department of Motor Vehicles, 212 S.E.2d 33, 24 N.C. App. 690, 1975 N.C. App. LEXIS 2475 (N.C. Ct. App. 1975).

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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]*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.

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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]*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.

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212 S.E.2d 33, 24 N.C. App. 690, 1975 N.C. App. LEXIS 2475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oates-v-north-carolina-department-of-motor-vehicles-ncctapp-1975.

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