Call Us 919-240-4054On Friday, August 20, 2010, a Cleveland County jury returned a unanimous verdict for our client, Danny Rhodes. Danny was injured at work in 1992 while working for a long haul trucker for Hersek Express Incorporated. Since Hersek had no workers’ compensation insurance, Danny had to get a judgment from a Superior Court judge. When he […]
Personal Injury
NC Court of Appeals on workers’ compensation for parking lot injuries
The latest workers’ compensation opinion from the North Carolina Court of Appeals, Cardwell v. Jenkins Cleaner, addresses the “going and coming” rule. “As a general rule, injuries occurring while an employee travels to and from work do not arise in the course of employment and thus are not compensable.” This “going and coming” rule has further evolved […]
NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 2
The third workers’ compensation decision that the North Carolina Court of Appeals issued last week was Reaves v. Industrial Pump Service, a case that had already been to the Court last year. Under the Pickrell presumption, “When an employee is found dead under circumstances indicating that death took place within the time and space limits of […]
NC Court of Appeals July 20, 2010 decisions on workers’ compensation — part 1
On July 20, 2010, the North Carolina Court of Appeals issued four published opinions regarding workers’ compensation. The first decision, Morales-Rodriguez v. Carolina Quality Exteriors, Inc., concerned whether the plaintiff was an employee or an independent contractor of the defendant. The plaintiff sought benefits for injuries sustained when he fell from a building at Nags Head, […]
NC Court of Appeals’ latest workers’ compensation decisions
The North Carolina Court of Appeals has issued two workers’ compensation cases of note in its latest batch of decisions. The first, Woodliff v. Fitzpatrick, concerned whether the plaintiff’s employer had three or more employees. An employer is subject to the Workers’ Compensation Act only if it “regularly employs” three or more employees. See N.C. Gen. Stat. § […]
NC Court of Appeals on workplace infliction of emotional distress claims
In an unpublished decision last month, the North Carolina Court of Appeals issued Crocker v. Griffin, a case that touched on emotional distress claims in the workplace setting. In the case, four plaintiffs brought suit against their employer because their boss, the director of the Transylvania County DSS, verbally abused and bullied them. The plaintiffs brought claims […]
Valerie Johnson wins workers’ compensation case for police officer in Court of Appeals
In Taylor v. Town of Garner, the Court of Appeals affirmed the decision of the Industrial Commission, agreeing that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the serious injury he suffered while working as a mounted officer at an N.C. State football game. Because Officer Taylor was working pursuant […]
Brief filed for dealership manager in workers’ compensation appeal
In Evans v. Hendrick Automotive Group, we have filed this brief with the North Carolina Court of Appeals in this workers’ compensation case. Ms. Evans was an office manager for a Hendrick dealership in Texas. She was injured during a business trip to Charlotte, while she was walking back from an employer-sponsored dinner to her hotel. The […]
Ann speaks to Charlotte’s Track and Tri Club about cyclists’ legal rights
Ann Groninger spoke Monday May 17 to Charlotte’s Track and Triathlon club about laws affecting cyclists and how cyclists can protect themselves before and after a crash. Ann has made similar presentations to the Charlotte Area Bicycle Alliance, North Carolina Alternative Transportation Alliance, and other groups statewide. This Saturday, Ann will be riding in Charlotte’s Bethlehem […]
NC Court of Appeals cases on REDA and appellate procedure
Two opinions of note were issued by the North Carolina Court of Appeals yesterday. The first, Beard v. Cumberland County Hospital System, concerns North Carolina’s Retaliatory Employment Discrimination Act (REDA). REDA prohibits discrimination or retaliation against an employee for, among other things, filing a workers’ compensation claim. N.C. Gen. Stat. § 95-241(a)(1). The discrimination or retaliation can be […]
