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Meyer v. Walls9/5/1997
at the Tort Claims Act does not confer jurisdiction in the Industrial Commission over a claim against an employee of a state agency. We addressed this issue in Wirth v. Bracey, 258 N.C. 505, 507-08, 128 S.E.2d 810, 813 (1963):
The only claim authorized by the Tort Claims Act is a claim against the State agency. True, recovery, if any, must be based upon the actionable negligence of an employee of such agency while acting within the scope of his employment. However, recovery, if any, against the alleged negligent employee must be by common law action.
Likewise, the Tort Claims Act does not confer jurisdiction in the Industrial Commission over a claim against a county department that is an alleged involuntary servant or agent of the State. See Turner v. Gastonia City Bd. of Educ., 250 N.C. 456, 109 S.E.2d 211 (1959). In Turner v. Board of Education, the plaintiff sued the Gastonia City Board of Education in the Industrial Commission based on the negligence of an employee of the City Board. This Court held that because the City Board was not a state agency, the Tort Claims Act did not constitute a waiver of immunity as to the City Board.
The General Assembly created the State Board of Education and fixed its duties. It is an agency of the State with statewide application. The General Assembly likewise created the county and city boards and fixed their duties which are altogether local. The Tort Claims Act, applicable to the State Board of Education and to the State departments and agencies, does not include local units such as county and city boards of education.
Tort claims may be filed before the Industrial Commission against "the State Board of Education, State Highway & Public Works Commission, and all other departments, institutions, and agencies of the State." Claims for tort liability are allowed only by virtue of the waiver of the State's immunity. Under the ordinary rules of construction, "departments, institutions, and agencies of the State" must be interpreted in connection with the preceding designation, "State Board of Education and State Highway & Public Works Commission." Where words of general enumeration follow those of specific classification, the general words will be interpreted to fall within the same category as those previously designated. The maxim ejusdem generis applies especially to the construction of legislative enactments. It is founded upon the obvious reason that if the legislative body had intended the general words to be used in their unrestricted sense the specific words would have been omitted. In no sense may we consider the Gastonia City Board of Education in the same category as the State Board of Education and the State Highway & Public Works Commission. For example, we may well consider the State Board of Agriculture, G.S. 106-2, the Board of Conservation and Development, G.S. 113-4, and the State Board of Public Welfare, G.S. 108-1, in the same general category as the State Board of Education and the State Highway & Public Works Commission. The Gastonia City Board of Education does not meet the classification. County and city boards of education serve very important, though purely local functions. The State contributes to the school fund, but the local boards select and hire the teachers, other employees and operating personnel. The local boards run the schools.
Turner v. Board of Education, 250 N.C. at 462-63, 109 S.E.2d at 216 (citations omitted).
The Court of Appeals stated that Buncombe County DSS "is an agent of the Department of Human Resources and a subordinate division of the State and therefore within the purview of G.S. 143-291(a)." Meyer v. Walls, 122 N.C. App. 507, 514, 471 S.
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