Opinion · Court of Appeals of North Carolina

E. F. Blankenship Co. v. North Carolina Department of Transportation

E. F. Blankenship Co. v. N.C. Dep’t of Transp., 79 N.C. App. 462 (N.C. Ct. App. 1986)

Type: Opinion
Court: Court of Appeals of North Carolina
Jurisdiction: North Carolina
Date: 1986-02-18
Topic: litigation

Judge BECTON dissenting. North Carolina General Statutes Section 136-29(a) (1981) clearly requires that the claim be written and verified at the time it is submitted and that it be submitted within sixty days. In my opinion, however, the statute does not clearly require that proof of verification, as a separate document or as part of the claim, be *465submitted with the claim itself. No one seems to dispute that the claim was, in fact, verified on 9 May 1984, before it was submitted the first time. Indeed, the 9 May 1984 certified letter to defendant Department of Transportation states in the first sentence that plaintiff is “submitting a written and verified claim setting forth the facts upon which it is based.” (Emphasis added.) Because all the evidence suggests that the claim was verified when it was first submitted, and because the Commission was in no way prejudiced (having notice that a claim that had been verified was pending), I vote to reverse the trial court and allow the claim to be heard.

Citator

UpLaw has not yet analyzed E. F. Blankenship Co. v. North Carolina Department of Transportation. The absence of a flag is not a finding that it is good law.

Judge BECTON

dissenting.

North Carolina General Statutes Section 136-29(a) (1981) clearly requires that the claim be written and verified at the time it is submitted and that it be submitted within sixty days. In my opinion, however, the statute does not clearly require that proof of verification, as a separate document or as part of the claim, be *465 submitted with the claim itself. No one seems to dispute that the claim was, in fact, verified on 9 May 1984, before it was submitted the first time. Indeed, the 9 May 1984 certified letter to defendant Department of Transportation states in the first sentence that plaintiff is “submitting a written and verified claim setting forth the facts upon which it is based.” (Emphasis added.) Because all the evidence suggests that the claim was verified when it was first submitted, and because the Commission was in no way prejudiced (having notice that a claim that had been verified was pending), I vote to reverse the trial court and allow the claim to be heard.