On December 9, 2019, UNC Law School Dean Martin H. Brinkley presented eight alumni of UNC Law to the U.S. Supreme Court for admission to practice before the Supreme Court.  I was excited to be among the eight.  Chief Justice John Roberts administered the oath.  My wife, Sally, accompanied me on the trip.

After the eight of us were sworn in, we remained in the courtroom and heard arguments in two cases – an immigration case and a patent case.  Throughout the course of both arguments, the justices (except Justice Clarence Thomas) took turns peppering the litigators with questions.  Their probing questions showed a genuine desire to reach a just decision.  To see the Supreme Court in action made me proud to be an attorney.

As we ate lunch at the Supreme Court after the morning session, a birthday party for retired Supreme Court Justice Anthony Kennedy was in progress across the hall.  The birthday room happened to have its doors open, which enabled us to see the justices in a relaxed, celebratory setting.

The UNC group stayed at the Hay-Adams Hotel, which is across the street from St. John’s Church and close to the White House.  The night before our visit to the Supreme Court, we took a bus from the hotel to the Chevy Chase Club for dinner.

Our hosts at the Chevy Chase Club were UNC Law alumnus Mary Boney Denison (Class of ’81) and her husband, Jack Clark.  Mary is the sister of Raleigh attorney Emmett Boney Haywood (UNC Law Class of ’82, my classmate).  Another Raleigh attorney, Alice Stubbs, was one of the UNC Law alumni on the trip.  Spending time with Alice and her son, Buzzy Barrow, was an extra treat for Sally and me.

The hospitality of Dean Brinkley and the other UNC Law staff members who accompanied us on the trip, Deidre Gordon, Kelly Mann, and Carrie Clifford, made the trip one that we will cherish forever.

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The STCA covers claims which arise “as a result of the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency or authority, under circumstances where the State of North Carolina, if a private person, would be liable to the claimant in accordance with the laws of North Carolina.” N.C.G.S. §143-291(a). The STCA also covers tort claims against any county board of education or city board of education “as a result of any alleged negligent act or omission of the driver . . . of a public school bus.” N.C.G.S. §143-300.1.

The STCA applies only to claims of negligence. It does not bar lawsuits against the state or state employees for other types of claims, such as breach of contract or violation of constitutional rights.

STCA claims are filed with the N.C. Industrial Commission. The State is represented by the N.C. Attorney General. A STCA claimant does not have a right to a jury trial. Rather, claims are heard by a deputy commissioner, with a right to appeal to the full Commission. Upon receipt of a decision and order from the full Commission, either the claimant or the State may appeal the decision to the N.C. Court of Appeals.

STCA claims must be filed within three years after the accrual of the claim, or if death results from the accident, the claim for wrongful death must be filed by the personal representative of the deceased within two years after death.

A major distinction between a STCA claim and a regular tort lawsuit is the cap on damages in a STCA claim. “The maximum amount that the State may pay . . . to any one person arising out of any one occurrence . . . shall be one million dollars ($1,000,000).” N.C.G.S. §143-299.2. A tort lawsuit filed in state or federal court has no damage cap. Other than the damage cap, the damages recoverable in a STCA claim are essentially the same as in a personal injury lawsuit – compensation for medical bills, lost wages, permanent injury and scarring, and pain and suffering.

Miller Monroe Holton & Plyler has successfully prosecuted numerous STCA claims, including a recent recovery of $750,000 for a motorcyclist injured by the negligence of a public school bus driver (see photo of the motorcycle above). We also represent people who are injured by the negligence of federal employees, pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. 28 U.S.C. §1346(b), §1402(b), §2401(b), and §§2671-2680.

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Unfortunately, this is not the reality for thousands of children here in Wake County.  Miller Monroe is teaming up with Grow Our Kids to provide healthy food and snack items to underprivileged children in Wake County.  Grow Our Kids is a 501(c)(3) not-for-profit organization that collects non-perishable food items and distributes them to children and their families during “track out” periods.  Many children rely on the meals provided to them during the normal school session and, sadly, go without proper nutrition during the weeks that they are “tracked out.”

Please stop by Miller Monroe, located at 3321 Trillium Whorl Court, Raleigh, NC, Monday through Friday, 9:00 a.m. through 4 p.m., between November 7 and December 22, 2016 to drop off food items for those in need.  You can learn more about the types of donations needed by visiting www.growourkids.org.  Or, if it is more convenient, we will be happy to collect and deliver monetary donations to Grow Our Kids.

Let’s do our part to help our neighbors this holiday season!  Together we can have a meaningful impact on the children of Wake County.

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