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Tag Archives: Commission

Criminal Practice – Juvenile – Disposition Level – Delinquency History – Commission of Offense While on Probation – Expired Probation (access required)

In re A.F. The trial court assigned the juvenile two delinquency history points because he committed a breaking and entering while on probation; however, the juvenile’s probation had already expired by the time he committed the breaking and entering. Therefore, the trial court should not have assigned the two points and, without them, the juvenile would not have been at Disposition Level 3 and subject to commitment

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Workers’ Compensation – Benefits Suspension — Unjustified Refusal to Work – Statutory Amendment – Prospective Application Only – Credibility (access required)

Thornton v. City of Raleigh After plaintiff filed her workers’ compensation claim, the General Assembly amended G.S. § 97-32; now it requires the Industrial Commission to specify “what actions the employee should take to end the suspension and reinstate the compensation” when an employee’s benefits have been suspended based on an unjustified refusal to return to suitable employment.

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Administrative – Constitutional – Due Process – Replacement ALJ – Labor & Employment – Public Employees (access required)

Coats v. North Carolina Department of Health & Human Services The administrative law judge who heard petitioner’s case resigned before making a decision. Since plaintiff did not show that he was prejudiced by the substitution of a new ALJ, the substitution did not violate petitioner’s right to due process or the Administrative Procedure Act.

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Tort/Negligence – STCA – Schools & School Boards – Activity Bus Accident – Football Team Transport (access required)

Irving v. Charlotte-Mecklenburg Board of Education The Industrial Commission has jurisdiction to hear the claim of a plaintiff who was injured in a collision with a school activity bus, allegedly caused by the negligence of the coach who was driving his football team to an away game. The Commission granted defendant’s motion for summary judgment on the ground that the Commission lacked subject matter jurisdiction. We reverse and remand.

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Criminal Practice – DWI – Search & Seizure – Reasonable Suspicion – One Weaving Instance – Bright Headlights – Wednesday Night (access required)

State v. Derbyshire Since it is utterly ordinary for an individual to be driving on the road at 10:05 on a Wednesday evening, and since many vehicles on the road today use the same “very, very bright” halogen headlights that defendant had, the only circumstance supporting the traffic stop of defendant was one instance of weaving in which the right side of his tires crossed the dividing line in his direction of travel. The arresting officer lacked a reasonable and articulable suspicion of the commission of a crime. We reverse the trial court’s denial of defendant’s motion to suppress. Remanded.

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Contract – Real Property – Real Estate Agent – Commercial Lease – Commission (access required)

Gunn v. Simpson, Schulman & Beard, LLC A real estate agency allegedly represented a commercial tenant in its search for office space to rent. Although the agency contends it was not paid the commission due when the defendant-landlord leased property to the tenant, the complaint does not allege any contract between the agency and the landlord. Therefore, the complaint does not state a breach of contract claim against the landlord. The real estate agency’s claims against the landlord are dismissed.

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Tort/Negligence – Interference With Contract – Real Property Sale – Commission – Breach of Contract – Tenant’s Husband – Civil Practice – Different Judges – Same Issues – Appeals – Unpublished Citation (access required)

   McMahon & Associates, LLC v. Future Serenity, Inc. (Lawyers Weekly No. 10-16-0896, 17 pp.) (Sanford L. Steelman Jr., J.) Appealed from Iredell County Superior Court. (Mark Klass, J.) N.C. App. Unpub. Holding: Terry Edmundson signed a lease for her ...

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