An Asheville resort hotel employee who fell from a loading dock has received a $1.75 million settlement — after rejecting an initial offer of $165,000, according to his attorney. “Luckily, they didn’t go back and counter,” the plaintiff’s attorney, Jay ...

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Rash v. Waterway Landing Homeowners Association, Inc. (Lawyers Weekly No. 011-170-17, 13 pp.) (Rick Elmore, J.) Appealed from Brunswick County Superior Court (Jerry Cash Martin, J.) N.C. App. Holding: Even though plaintiff was not looking down at the walkway on ...

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It’s been several decades since there was actually a bank at the historic Citizens National Bank building in downtown Gastonia. In an effort to spruce up its downtown, the city has since 2013 leased the building to a local artists’ ...

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Meinck v. City of Gastonia (Lawyers Weekly No. 011-084-17, 14 pp.) (John Tyson, J.) Appealed from Gaston County Superior Court (Lisa Bell, J.) N.C. App. Holding: Even though the defendant-city’s commercial building was part of a downtown revitalization project, and ...

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Confusing Advance Auto Parts with its competitor AutoZone is as common as mixing up Office Depot with OfficeMax or CVS with Walgreens. So it’s easy to empathize with Harry Williams, who was tripped up by even more of a hair-splitting ...

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Lennon v. N.C. Judicial Department (Lawyers Weekly No. 012-230-16, 14 pp.) (Lucy Inman, J.) Appealed from the Industrial Commission. N.C. App. Unpub. Holding: Even though (1) the Harnett County Clerk of Superior Court’s Christmas party was customary, (2) it was ...

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The Burlington Coat Factory doesn’t just sell coats. From clothing and toys to home goods and a mysterious brownish sticky substance, the New Jersey-based department store has it all.

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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 ...

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It’s difficult to imagine an argument over something as seemingly straightforward as a reading on a tape measure, but you should never underestimate the wiliness of lawyers, or, apparently, architects and engineers.

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Mintz v. Verizon Wireless If an employee is injured on premises owned or controlled by the employer while on a lunch break, whether or not that break is paid, the circumstances are “in the course of” her employment.

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