When a government entity is involved in an accident, special considerations must be made. There are different rules and procedures that apply to public entities in litigation. As dedicated North Carolina motor vehicle accident lawyers, we are ready to assist you in evaluating your claim and ensuring that you follow the appropriate procedures.
A recent appellate decision highlights the unique aspects of a government entity being involved in the litigation. The appellate court was asked to consider the liability of a local school board employee in a negligence action involving a school bus accident. The plaintiff’s car was hit by a school bus transporting student-athletes to a football game. The driver of the bus was an employee of the county Board of Education.
The plaintiff filed a personal injury action against the defendant with the North Carolina Industrial Commission, seeking compensation for her injuries and damages. The plaintiff initiated the action in accordance with the Tort Claims Act, which includes a provision that provides a limited waiver of local governmental immunity from lawsuits in situations involving the negligent operation of school buses and school transportation vehicles in situations in which certain criteria are met. The defendant filed a motion for summary judgment on the basis that the Commission did not have subject matter jurisdiction to hear the claim because the claim did not fall within this waiver of immunity. The Commission granted the summary judgment motion, and the plaintiff appealed.