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RUSSELL v. ENV'T & NATURAL RESOURCES DEPT.

No. COA12-801.

742 S.E.2d 329 (2013)

John C. RUSSELL and Wife, Dawn Russell, Plaintiffs, v. N.C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Defendant.

Court of Appeals of North Carolina.

May 21, 2013.

Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Assistant Attorney General Olga Vysotskaya , for Defendant.

Harvell and Collins, P.A., Morehead City, by Wesley A. Collins and Russell C. Alexander , for Plaintiffs.

DILLON, Judge.

The North Carolina Department of Environment and Natural Resources (Defendant) appeals from a decision and order of the Full Commission concluding that Defendant was negligent pursuant to the Tort Claims Act. The Full Commission awarded John C. Russell and Dawn Russell (Plaintiffs) $106,674.66 in damages, plus $1,108.75 for reasonable costs associated with the action. We affirm the decision and order of the Full Commission in part and reverse and remand...

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