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ALLEN v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA94-1023.

463 S.E.2d 275 (1995)

120 N.C. App. 627

Charles Vanson ALLEN, Employee, v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Employer.

Court of Appeals of North Carolina.

November 7, 1995.

Attorney(s) appearing for the Case

Devore and Acton, P.A. by William D. Acton, Jr., Charlotte, for plaintiff-appellant.

Attorney General Michael F. Easley by Assistant Attorney General D. Sigsbee Miller and Special Deputy Attorney General E.H. Bunting, Jr., for defendant-appellee.

COZORT, Judge.

The question presented by this appeal is whether plaintiff's execution of a general release discharging his claims against a named individual and "all other persons" bars plaintiff's claim of negligence against the North Carolina Department of Transportation. We hold the phrase "all other persons" includes the Department of Transportation, and we affirm the Industrial Commission's opinion and award dismissing plaintiff's claim.

On 11 June 1992...

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