NC Supreme Court Sends Parking Lot Case Back to Commission
The North Carolina Supreme Court has sent a tricky workers’ compensation case back the Industrial Commission for additional fact-finding. Cardwell v. Jenkins Cleaner involves a plaintiff who was injured when she slipped on some black ice three feet away from the back door to her office. Our coverage of the Court of Appeals’ split-decision in the case is here. The Supreme Court, in a short per curiam order, concluded that the Industrial Commission failed to make findings on one of the key factual issues: whether the cement area where plaintiff fell was part of...
Read MoreNorth Carolina Supreme Court Denies Review in Taylor v. Town of Garner; Win for Plaintiff
The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Taylor v. Town of Garner. The Court of Appeals decided earlier this year that Officer Taylor is entitled to workers’ compensation benefits from the Town of Garner for the injury he suffered while working as a mounter officer at an N.C. State football game. Because Officer Taylor was working pursuant to a mutual aid and assistance agreement between the Town of Garner and N.C. State, Garner remained responsible for his workers’ compensation. The Court’s denial of the PDR...
Read MoreLatest NC Supreme Court Decisions on Medical Malpractice and Employment Law
The North Carolina Supreme Court issued its latest round of decisions on April 15. Two cases are worthy of note. In the first, Brown v. Kindred Nursing Centers East, the 4-3 majority ruled that a plaintiff’s medical malpracitce complaint had to be dismissed because the plaintiff did not properly comply with the 120-day extension procedure of Rule 9(j) — the special rule for medical malpractice cases requiring the certification by a physician of the validity of the complaint. As the dissent pointed out, the majority’s opinion was both wrong on the merits, and...
Read MoreNC Supreme Court Approves Industrial Commission’s Transition Process
On Friday, in Baxter v. Danny Nicholson, Inc., the North Carolina Supreme Court upheld an Industrial Commission decision that defendants had attacked on the grounds that one of the Commissioners was not authorized to exercise his powers on the day of the decision. The case arose out of the transition when one of the Commissioners was replaced in 2007. On February 2, 2007, the three-member panel of the Commission signed the opinion and award in this case. That same day, then-Governor Easley notified then-Commissioner Bolch (whose term had formally expired, but who was holding over...
Read MoreSupreme Court Affirms COA on Employment At Will Case
In Franco v. Lipposcience, Inc., the North Carolina Supreme Court affirmed per curiam an NC Court of Appeals decision regarding employment at will. The COA had issued a split-decision earlier this year, with Judge Wynn writing for the majority and Judge Erwin dissenting. The plaintiff, who had been the VP of Marketing, was terminated and sought to bring a breach of contract claim. At issue was whether he had a partial employment contract, or whether he was an ordinary at-will employee. Most employees are employed at will, which means they can be fired for almost any reason and without...
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