Stone v. North Carolina Department of Labor
Supreme Court of North Carolina
495 S.E.2d 711 (1998)
A fire at the Imperial Foods chicken plant killed and injured employees (plaintiffs) trapped by unmarked, blocked exits; the North Carolina Department of Labor (defendant) had never inspected the plant in its eleven years of operation, and a post-fire inspection uncovered 83 safety-code violations. The plaintiffs sued the Department under the Tort Claims Act, arguing it had a duty to inspect the plant, breached that duty, and caused their injuries; the Industrial Commission and the court of appeals both allowed the claim to proceed, and the Department appealed to the state supreme court.
Whether a governmental entity is immune from liability for failing to perform an obligation to the public at large.