Court of Appeals of North Carolina November 18, 2003, COA02-1053 (Norman v. North Carolina Department of Transportation)

GEER, Judge.

Plaintiff Susan Norman was injured when her car collided with a train at a railroad crossing in the town of Elkin. Defendant, the North Carolina Department of Transportation (“DOT”), has appealed from the North Carolina Industrial Commission’s decisions under the State Tort Claims Act granting partial summary judgment to plaintiff on the issue of negligence and, after an evidentiary