The Tort Claims Section of the N.C. Department of Justice represents the various State agencies subject to suit pursuant to N.C. Gen. Stat. § 143-291, et seq.
This attorney acts as defense counsel for the N.C. Department of Transportation in legal actions brought pursuant to Tort Claims Act, N.C.G.S. §143-291, et seq. This position is responsible for defending civil actions for serious personal injury, wrongful death, or property damage brought against Department of Transportation employees individually pursuant to the Defense of State Employees Act, N.C.G.S. § 143-300.2, et seq. The attorney will respond on an as needed basis to queries from the client agency regarding negligence and risk management issues. The attorney will speak at conferences and teach at workshops for individual clients, upon request. The attorney will represent the State before the Court of Appeals and Supreme Court, in both Tort Claims actions and criminal actions.
This attorney will represent the N.C. Department of Transportation in complex litigation matters that arise under N.C.G.S. § 143-291.
- Requires specific understanding of statutory and case law in the area of catastrophic injury and wrongful death defense. An understanding of emerging trends and issues in this area is necessary to adequately anticipate the theories of opposing counsel and zealously defend the Department of Transportation. Wrongful death cases require expert testimony, and this attorney must be well versed in medical knowledge as well as the legal requirements to qualify experts and have their testimony admitted into evidence. Extensive preparation of fact witnesses and experts is necessary to prepare wrongful death and catastrophic injury cases for lengthy hearings with multiple witnesses.
- This position must work with independent counsel from the private sector to ensure that the agency’s interests are protected and remain the paramount consideration.
- Will strategically assess the legal management of the case, as well as analyze voluminous medical records and medical literature to identify and determine which arguments will best support the defense of the case. Wrongful death and catastrophic injury cases often require numerous depositions and an extensive motion and hearing practice involving complex legal and theories.
- This position will handle Department of Transportation claims exclusively and will have numerous cases where the Department of Transportation may be subject to the maximum award of $1,000,000 for each injury or death under the Tort Claims Act.
Other responsibilities include investigation of claims, drafting of responsive pleadings, conducting discovery, attendance at all pretrial hearings, trials, and appellate events. The attorney will be required to travel to those locations where the various litigation endeavors are conducted.
Licensed to practice law by the North Carolina State Bar and four years of progressively responsible professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.