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Midgett v. North Carolina Department of Transportation9/3/2002
y. The concept of sovereign immunity is so firmly established that it should not and cannot be waived by indirection or by procedural rule. Any such change should be by plain, unmistakable mandate of the lawmaking body. Id. at 296, 192 S.E.2d at 310.
Here, the General Assembly did not by "plain, unmistakable mandate" waive the State's immunity to suit under the Jones Act in a tort claim. The Industrial Commission therefore lacked jurisdiction, and properly dismissed the plaintiff's claim.
Defendants also argued in the Industrial Commission and in their brief to this Court that this claim is barred by the exclusive remedy provisions of the Workers' Compensation Act. See N.C. Gen. Stat. ยง9710.1 (2001). Because of our holding on sovereign immunity, we do not reach this issue.
Affirmed.
Judges GREENE and BIGGS concur.
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