In a prior appeal, this court implicitly affirmed the trial court’s ruling that the plaintiff- homeowners’ association owned an easement in a pathway across defendants’ land; therefore, on remand, it was error for the trial court to set a future ...Read More »
Tort/Negligence – Schools & School Boards – Bus Driver – Injured Student – Medical Bills – Intervening Cause
Riso v. Brunswick County Board of Education (Lawyers Weekly No. 030-001-16, 21 pp.) (Philip Baddour, Deputy Commissioner) I.C. No. TA-21944 Holding: Under the applicable version of G.S. § 8-58.1, since plaintiffs introduced the minor plaintiff’s medical bills at trial and ...
Tagged with: Schools & School BoardsRead More »
Crisp v. N.C. Department of Public Safety (Lawyers Weekly No. 15-08-0720, 17 pp.) (Linda Cheatham, Commissioner) On appeal from a Decision & Order filed by Deputy Commissioner J. Brad Donovan. I.C. No. TA-23089. Holding: Three inmates – apparently with no ...Read More »
Anderson-Green v. N.C. Department of Health & Human Services (Lawyers Weekly No. 14-08-1014, 13 pp.) (Andrew Heath, Chairman) Appealed from Opinion & Award of Deputy Commissioner Theresa Stephenson. I.C. Nos. 361533 & 362161. Holding: Plaintiff failed to appear at her ...Read More »
Odom v. N.C. Department of Motor Vehicles (Lawyers Weekly No. 14-08-1015, 18 pp.) (Tammy Nance, Commissioner) (Bernadine Ballance, Commissioner, dissenting) Appealed from Decision & Order of Deputy Commissioner J. Brad Donovan. I.C. No. TA-21860. Holding: Although defendant gave the elderly ...
Tagged with: Slip and FallRead More »
Workers’ Compensation — Disability & Diagnostic Tests – Insufficient Showing – Medical Treatment – Back Injury
Ellis v. Key City Furniture, Inc. (Lawyers Weekly No. 14-08-1016, 17 pp.) (Linda Cheatham, Commissioner) (Bernadine Ballance, Commissioner, dissenting) Appealed from Opinion & Award of Deputy Commissioner Phillip Holmes. I.C. No. W14258 Holding: Plaintiff continued working after her compensable injury ...Read More »
Wilkinson v. Spirit Construction Services (Lawyers Weekly No. 14-08-0394, 8 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Melanie Wade Goodwin. I.C. No. Y05598. Holding: Even though plaintiff testified that he experienced sudden symptoms of ...Read More »
Taylor v. Howard Transportation, Inc. (Lawyers Weekly No. 14-08-0393, 15 pp.) (Danny Lee McDonald, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Myra Griffin. I.C. No. 931701. Holding: Since the N.C.-resident plaintiff provided the Mississippi defendant-employer with timely actual ...
Tagged with: accidentRead More »
Lawyers Weekly No. 13-08-0942, 14 pp.) (Danny Lee McDonald, Commissioner Where the last payment of compensation for plaintiff’s March 2, 2001 injury was the payment of a medical expense on May 18, 2009, and where plaintiff’s Form 33 requesting authorization for additional medical treatment and indemnity benefits was not filed until Jan. 25, 2012, more than two years passed between the last payment of medical compensation and the request for medical benefits at issue.Read More »
Holloway v. CV Industries Before her compensable traumatic brain injury, plaintiff owned six apartments and three houses, and she had close to $100,000 in a 401(k) account. After her injury, she made bad decisions which led to the depletion of her 401(k) account and was forced to sell her rental propertiesRead More »