North Carolina Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of North Carolina or Court of Appeals of North Carolina where the terms employee leasing has been mentioned. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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499 S.E.2d 197 (N.C.App. 04/30/1998)
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North Carolina Court of Appeals
[2]
NO. COA97-306
[3]
499 S.E.2d 197 - 4/30/1998
Plaintiff was employed by defendant Family Dollar Store from July 1991 until April 1995. Among his duties, plaintiff rode a tugger, a motorized transport vehicle, using it to move merchandise in the Family Dollar distribution center....
Paschal v. Myers - 3/17/1998
Plaintiff Kyle R. Paschal filed this wrongful termination action on 22 November 1995 against defendants Jerry D. Myers, W. Wayne Garrison, and Rockingham County. In his complaint, plaintiff alleged that he had been terminated from...
Tinch v. Video Industrial Services - 3/17/1998
Appeals by plaintiff and defendant Hendon Engineering Associates, Inc., from order entered 5 October 1995 by Judge John M. Gardner in Mecklenburg County Superior Court. The appeals were originally heard in the Court of Appeals 21...
N.C. Steel Inc. v. National Council on Compensation Insurance - 3/6/1998
On discretionary review pursuant to N.C.G.S. § 7A-31 of a unanimous decision of the Court of Appeals, 123 N.C. App. 163, 472 S.E.2d 578 (1996), affirming in part and reversing in part an order entered 16 February 1995 by Clark, J., in...
Johnson v. Southern Industrial Constructors Inc. - 2/6/1998
This is a workers' compensation case presenting the question of whether a superior court may assert its jurisdiction over the jurisdiction of the Industrial Commission, pursuant to the provisions of N.C.G.S. § 97-10.2(j), by adding...
McMillian v. North Carolina Farm Bureau Mutual Insurance Co. - 2/3/1998
The issue in this case is whether defendant insurance companies are authorized under N.C.G.S. § 20-279.21(e) to reduce uninsured motorist ("UM") coverage under their respective policies by the amount plaintiff Douglas McMillian has...
In re Harrington - 2/3/1998
On 24 August 1993, plaintiff suffered compensable injuries to his neck, knee and back while working as a carpenter with defendant- employer. Plaintiff was being transported to a job site in the back of his employer's pick-up truck and...
United States Fidelity and Guaranty Co. v. Johnson - 2/3/1998
When an employee receives workers' compensation from an employer for injuries and also receives a compensatory payment from a third party, to the extent that it provided benefits the employer has a lien on the third party's payment....
Smith v. Privette - 2/3/1998
Debbie F. Smith (Plaintiff Smith), Cathy Cahall (Plaintiff Cahall), and Tracy Newman (Plaintiff Newman) (collectively referred to herein as Plaintiffs) appeal from an order and judgment dismissing their negligent retention and...
Dixon v. City of Durham - 2/3/1998
Plaintiff began work as a police officer for the City of Durham in 1989. In April 1993, plaintiff was on duty as a police officer II when she responded to an emergency call. During the course of that assignment, plaintiff suffered a...
Johnson v. First Union Corp. - 2/3/1998
Plaintiffs appeal from the granting of defendants' motions to dismiss pursuant to N.C.R. Civ. P. 12(b)(6). Plaintiffs' complaint alleged common law fraud, unfair or deceptive trade practices, intentional infliction of emotional...
Employment Security Commission v. Peace - 12/2/1997
SMITH, Judge.
On 15 October 1985, William H. Peace, III ("Peace"), began his employment with respondent Employment Security Commission ("ESC") as its Equal Employment Opportunity ("EEO") officer. On 10 April 1991, an incident...
Aaron v. New Fortis Homes Inc. - 11/18/1997
On 30 April 1994, plaintiff, a 30-year-old roofer and construction worker, was working on a home being built by defendant-employer, New Fortis Homes, Inc. While stepping down from a ladder, plaintiff's supervisor, Thomas McDuff,...
Marlow v. North Carolina Employment Security Commission - 11/18/1997
JOHN, Judge.
Petitioner appeals the trial court's order affirming decisions of the Employment Security Commission of North Carolina (the Commission) and the Appeals Referee denying her claim for unemployment benefits. We reverse...
Kurtzman v. Applied Analytical Industries Inc. - 11/7/1997
WHICHARD, Justice.
Plaintiff, Lewis Kurtzman, brought suit against his former employer, Applied Analytical Industries, Inc., alleging, inter alia, breach of an employment contract. On 1 June 1995 a jury returned a verdict in...
Boone v. Vinson - 11/4/1997
On the morning of 21 January 1994 plaintiff drove his truck to the logging site of defendant Roanoke-Chowan Logging Company, Inc., to transport logs away from the site. Roanoke-Chowan was under a contract with Canal Wood Corporation to...
Strickland v. Carolina Classics Catfish Inc. - 11/4/1997
GREENE, Judge.
Jennie Lou Strickland and Jerry Strickland (plaintiffs) appeal from an Opinion and Award by the North Carolina Industrial Commission (Commission) awarding Carolina Classics Catfish, Inc. and North Carolina Farm...
McAninch v. Buncombe County Schools - 9/5/1997
LAKE, Justice.
This case facially involves the proper method of calculating the average weekly wages in a worker's compensation action, and in essence it presents two underlying issues which are controlling. The first such issue...
Smith v. Sealed Air Corp. - 9/2/1997
JOHN, Judge.
Defendants appeal an Opinion and Award of the North Carolina Industrial Commission (the Commission) granting plaintiff continued benefits for total disability. Defendants contend the Commission erred by "concluding...
Regan v. Amerimark Building Products Inc. - 8/19/1997
WALKER, Judge.
Plaintiff was employed by defendant Amerimark Building Products, Inc. (Amerimark) and worked on "paint line No. 2" operating the "coater." As part of his job, plaintiff was required to clean a steel drum that was...
Barham v. Barham - 8/5/1997
McGEE, Judge.
Plaintiff and defendant were married in June 1968 and divorced in August 1988. Two children were born of the marriage. On 17 October 1990, the Wake County District Court ordered plaintiff to pay defendant permanent...
Wake County Hospital System Inc. v. Safety National Casualty Corp. - 8/5/1997
MARTIN, John C., Judge.
Wake County Hospital System, Inc., ("the Hospital") brought this action to recover under an insurance policy issued by defendant Safety National Casualty Corporation ("Safety"). Defendant answered, denying...
M.B. Haynes Corp. v. Strand Electro Controls Inc. - 8/5/1997
JOHN, Judge.
Plaintiff M.B. Haynes Corporation appeals the trial court's entry of summary judgment in favor of defendant Strand Electro Controls, Inc. The trial court rejected plaintiff's assertion of a cause of action against...
Minter v. Osborne Co. - 8/5/1997
COZORT, Judge.
Plaintiff-employee was stung by an insect while working for defendant-employer. After hospital treatment, plaintiff suffered obstructive coronary artery disease. The Industrial Commission held that the sting was an...
Jackson v. Howell''s Motor Freight Inc. - 6/17/1997
WYNN, Judge.
On 2 March 1994, third-party defendant Michael Anthony Gibbs fell asleep at the wheel of his vehicle and ran off the road colliding with a utility pole. The impact of the collision cracked the pole and caused it to...
Eubanks v. State Farm Fire and Casualty Co. - 6/17/1997
JOHN, Judge.
Plaintiffs contend the trial court erred by granting defendant's motion for summary judgment and by denying plaintiffs' like motion. Plaintiffs argue a policy of homeowner's insurance issued by defendant State Farm...
Parsons v. Pantry Inc. - 6/17/1997
LEWIS, Judge.
Plaintiff appeals from opinion and award by the full Commission denying her further medical expenses as a result of her compensable injury. We reverse and remand.
On 30 April 1991, plaintiff was an assistant...
Swain v. C & N Evans Trucking Co. - 5/20/1997
GREENE, Judge.
Delbert Swain (plaintiff) appeals from an opinion and award of the North Carolina Industrial Commission (Commission) setting aside a Form 21 Agreement (Agreement) with C & N Evans Trucking Co., Inc. (defendant)...
Hedrick v. PPG Industries - 5/20/1997
MARTIN, John C., Judge.
Defendant appeals from an opinion and award of the Industrial Commission awarding plaintiff workers' compensation benefits for disability and medical expenses due to a movement disorder resulting from...
Johnson v. Mayo Yarns Inc. - 5/20/1997
WALKER, Judge.
On 1 February 1996, plaintiff filed suit seeking damages from his former employer for his alleged wrongful termination. He alleged five claims for relief against defendant who moved to dismiss the complaint...
In re Stone - 5/9/1997
PARKER, Justice.
Plaintiff-employee, Albert Douglas Stone, suffered a compensable back injury on 5 March 1992. On 14 March 1994 Deputy Commissioner Gregory M. Willis filed an opinion and award denying plaintiff's claims for...
Radzisz v. Harley Davidson of Metrolina Inc. - 5/9/1997
WHICHARD, Justice.
Plaintiff-employee, David Eugene Radzisz, a motorcycle mechanic employed by defendant-employer, was involved in a collision with an automobile on 1 June 1990 while operating a customer's motorcycle. As a result...
Johnson v. Southern Industrial Constructors Inc. - 5/6/1997
JOHN, Judge.
Unnamed parties Siemens Energy & Automation, Inc. (Siemens) and Zurich-American Insurance Company, Siemens's insurance carrier (hereinafter appellants), contest the trial court's assumption of jurisdiction...
Selective Insurance Co. v. Mid-Carolina Insulation Co. - 5/6/1997
Plaintiff Selective Insurance Company issued to defendant Mid-Carolina Insulation Company a business automobile liability insurance policy effective 19 December 1990 through 18 December 1991, in which Mid-Carolina is designated as the...
Thacker v. City of Winston-Salem - 3/18/1997
WYNN, Judge.
In August 1992, plaintiff, a Winston-Salem police officer, suffered a violent coughing attack and blacked out after placing his car in drive to leave the parking lot where he had stopped to talk to another officer....
Ledford v. Asheville Housing Authority - 3/4/1997
ARNOLD, Chief Judge.
Defendants appeal from an order of the Full Commission which denied their motion to enforce a memorandum of agreement signed by the parties at the Conclusion of a mediated settlement conference.
On 8...
Childress v. Trion Inc. - 3/4/1997
On 7 November 1995 this Court affirmed an order and award of the Full Commission granting plaintiff an award for medical expenses (COA94-1136). The issue in dispute in that appeal was whether the defendants were liable for plaintiff's...
Wall v. North Hills Properties Inc. - 2/18/1997
SMITH, Judge.
For approximately nine years, North Hills Properties, Inc., subcontracted with Theodore Bunn, a self-employed individual, to clear land. In September and October of 1993 Mr. Bunn was clearing land for North Hills....
Tharp v. Southern Gables Inc. - 2/18/1997
SMITH, Judge.
Plaintiff was employed as an independent contractor performing roofing work on Southern Gables' projects. On 1 July 1994, plaintiff fell from a roof to the ground. Plaintiff testified that he arrived at work at...
Harris v. North American Products - 2/18/1997
MARTIN, John C., Judge.
Defendants North American Products, the employer, and Travelers Insurance Company, the carrier, appeal from an opinion and award of the Industrial Commission awarding plaintiff benefits for temporary...
Martin v. Benson - 2/18/1997
WALKER, Judge.
On 28 November 1990, plaintiff, Jannett Martin, was operating a motor vehicle when the truck operated by defendant, John Benson, crossed the median and collided with plaintiff. The truck was owned by defendant,...
Shook v. County of Buncombe - 2/4/1997
SMITH, Judge.
Plaintiff failed to comply with the appellate rules of this Court, and for this reason, we dismiss. Our rules require appellant to present a record in final form and complete. N.C.R. App. P. 9(a)(1)(e) and (j)...
Poole v. Copland Inc. - 2/4/1997
Plaintiff Wendy Poole brought this action alleging negligent infliction of emotional distress by defendant John Haynes, a coworker, and ratification of Haynes' conduct and negligent retention and supervision by their employer,...
Larry E. Hand v. Connecticut Indemnity Co. - 12/17/1996
LEWIS, Judge.
Upon motion of plaintiff and by order filed 8 February 1996, this Court has consolidated these appeals, both of which arise out of the same accident and present a single, identical issue for review.
In 1993,...
Roberts v. First-Citizens Bank and Trust Co. - 12/17/1996
LEWIS, Judge.
The issue before us is whether plaintiff was wrongfully discharged from her employment with defendant. A jury determined that she was and awarded her $300,000 in compensatory damages and $1,000,000 in punitive...
State v. Westbrooks - 12/6/1996
PARKER, Justice.
Defendant, Donna Sue Westbrooks, was tried capitally for first-degree murder, conspiracy to commit murder, solicitation to commit murder, two counts of forgery of an endorsement, and two counts of uttering an...
Richardson v. North Carolina Department of Correction - 12/6/1996
LAKE, Justice.
Plaintiff appeals a decision of the Court of Appeals upholding an order of the Industrial Commission dismissing plaintiff's claim under the Tort Claims Act. For the reasons stated herein, we conclude that...
Stroud v. Caswell Center - 12/3/1996
JOHN, Judge.
Plaintiff appeals the decision of the North Carolina Industrial Commission (the Commission) denying his claim grounded upon reduction of earning capacity, and limiting him to benefits under N.C.G.S. § 97-31 (1991)....
Craft v. Bill Clark Construction Co. - 9/17/1996
GREENE, Judge.
Bill Clark Construction Company (employer) and Selective Insurance Company (collectively defendants) appeal the Opinion and Award for the North Carolina Industrial Commission (Commission) requiring that defendants...
N.C. Steel Inc. v. National Council on Compensation Insurance - 9/11/1996
ORDER
Upon consideration of the alternative petition filed by Defendants in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and...
N.C. Steel Inc. v. National Council on Compensation Insurance - 9/5/1996
ORDER
Upon consideration of the petition filed by Plaintiffs in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby...
Smallwood v. Eason - 9/3/1996
SMITH, Judge.
Before addressing any of the substantive issues posed by this appeal, we first contend with plaintiff appellants' failure to compile a record on appeal in accordance with N.C.R. App. P. 9 (1996). It is appellants'...
Adams v. Kelly Springfield Tire Co. - 9/3/1996
SMITH, Judge.
This appeal is flawed by numerous and substantial errors of appellate procedure. Our Rules of Appellate Procedure are mandatory and subject an appeal to dismissal. N.C.R. App. P. 10 (1996); Marsico v. Adams, 47 N.C....
Radzisz v. Harley Davidson of Metrolina Inc. - 8/20/1996
JOHN, Judge.
Defendants appeal an award to plaintiff of benefits under the Worker's Compensation Act (the Act) by the North Carolina Industrial Commission (the Commission), contending the "Commission erred in concluding...
Denning-Boyles v. Wces Inc. - 8/6/1996
JOHN, Judge.
Plaintiff appeals entry of summary judgment precluding claims against her former employer, defendant WCES, Inc. (WCES), for intentional infliction of emotional distress and punitive damages. She also appeals denial...
Patterson v. Markham & Associates - 8/6/1996
WYNN, Judge.
On 11 December 1992, plaintiff Tracy Patterson suffered an injury by accident arising out of and in the course of his employment when he fell from a scaffold while working for defendant Markham & Associates...
Anderson v. Hollifield - 8/6/1996
On 18 December 1992, plaintiff Georgia Ray Anderson, driving her unmarked police vehicle on Franklin Boulevard, stopped at the intersection of Franklin Boulevard and South Chester Street in Gastonia, North Carolina. Defendant, Julius...
Carter v. Northern Telecom - 8/6/1996
ARNOLD, Chief Judge.
Plaintiff suffered a compensable on-the-job injury to her upper right extremity on 11 August 1992, for which defendants admitted liability. Following an office visit on 16 December 1992, plaintiff's physician...
Timmons v. North Carolina Department of Transportation Employer - 8/6/1996
MARTIN, John C., Judge.
In July 1980, plaintiff sustained a compensable injury in the course and scope of his employment with defendant, as a result of which he was rendered paraplegic. At the time of his injury, plaintiff was 19...
Parker v. Erixon - 8/6/1996
McGEE, Judge.
The parties stipulated to the following facts. On 18 December 1991, defendant Harold A. Erixon (Erixon) was the owner and operator of a 1990 White GMC highway tractor which he had leased, by an independent...
Crouse v. Flowers Baking Co. - 8/6/1996
LEWIS, Judge.
On 21 February 1992, plaintiff requested a hearing before the North Carolina Industrial Commission seeking payment for further medical expenses, continued temporary total disability and permanent partial disability...
Weaver v. American National Can Corp. - 8/6/1996
This case arises from the denial of Workers' Compensation benefits by the Industrial Commission after a hearing before Deputy Commissioner Scott M. Taylor and a review by the full commission.
James Weaver (hereinafter plaintiff)...
Setzer v. Boise Cascade Corp. - 8/6/1996
McGEE, Judge.
In 1973 decedent, Jack M. Setzer, began working for defendant, Boise Cascade Corporation. A year or two later decedent became the "starch man" at the Boise Cascade cardboard container facility in Newton, North...
Arrington v. Texfi Industries - 8/6/1996
MARTIN, Mark D., Judge.
Defendants Texfi Industries, Inc., and American Policyholders Insurance Company (collectively defendants) appeal the North Carolina Industrial Commission's award of permanent and total disability benefits...
Rose v. Brick - 7/31/1996
LAKE, Justice.
Virgil Lee Rose ("Rose"), an employee of Isenhour Brick & Tile Company ("defendant"), was killed while he was operating a brick-setting machine designated "machine number three" in defendant's brick...
State v. Bates - 7/31/1996
FRYE, Justice.
Defendant, Joseph Earl Bates, was indicted on 29 October 1990 for the murder and the first-degree kidnapping of Charles Edwin Jenkins. He was tried capitally in February 1991, found guilty of one count of...
McAninch v. Buncombe County Schools - 6/18/1996
Plaintiff, Brenda R. McAninch, worked for defendant as a cafeteria worker for approximately eight years until 16 August 1990, when she suffered a compensable injury in the course of her employment. Plaintiff remains totally disabled as...
McCoy v. Oxford Janitorial Service Co. - 6/18/1996
GREENE, Judge.
James McCoy (plaintiff) appeals an Opinion and Award for the North Carolina Industrial Commission (Commission) concluding that after 11 January 1993 he is no longer entitled to temporary total disability...
Hines v. Caldwell Memorial Hospital - 6/13/1996
PER CURIAM.
AFFIRMED. ...
Hoyle v. Carolina Associated Mills - 5/21/1996
LEWIS, Judge.
On 9 October 1986, plaintiff injured her back and right leg while at work. The parties have stipulated that this was an injury by accident arising out and in the course of her employment. Pursuant to a Form 21...
Higgs v. Southeastern Cleaning Service - 5/21/1996
JOHNSON, Judge.
Plaintiff Walter T. Higgs brought this action to recover benefits for the alleged occupational disease of tuberculosis after defendant Southeastern Cleaning Service (hereinafter "Southeastern") and its workers'...
Royster v. Culp - 5/10/1996
MITCHELL, Chief Justice.
Plaintiff-employee, Sterling Julius Royster, was injured on 23 October 1991 when he was struck by a car while attempting to walk across a public highway that separated his place of employment from a...
Moore v. Standard Mineral Co. - 5/7/1996
JOHN, Judge.
Defendants appeal an Opinion and Award of the North Carolina Industrial Commission (the Commission), contending the Commission erred by basing plaintiff's compensation rate on wages earned "at the time he was first...
Employment Security Commission v. Peace - 5/7/1996
SMITH, Judge.
Petitioner, William H. Peace, III, appeals a superior court order reversing a State Personnel Commission decision which reinstated petitioner as an employee of respondent, the Employment Security Commission of North...
Martinez v. Lovette - 3/5/1996
On 21 July 1993, plaintiff was employed by Broadwell's Nursery in Angier, North Carolina. He was operating a tractor at work when an automobile ran into the rear of the tractor, causing the tractor to roll over and crush plaintiff...
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