Workers Compensation Decisions

• Defense decision in favor of the employer in a claim involving a pest control worker who was stung by a bee and subsequently died due to an allergic reaction with defendants successfully arguing that plaintiff’s injury and subsequent death did not arise out of the specific nature of his job activities at the time he was stung;
• Defense decision in favor of the employer in a claim involving a contractor who was paralyzed after being involved in an automobile accident where defendants asserted and were able to prove that plaintiff was neither an employee, nor a statutory employee at the time of the accident;
• Defense decision in favor of the employer in a claim involving a plaintiff who fell from a piece of equipment alleging injuries to multiple body parts where defendants were able to prove, through medical testimony, that plaintiff’s alleged injuries were not causally related to the incident;
• Defense decision in favor of the employer in a case where plaintiff sought continued wage loss benefits in an accepted claim after being fired for misconduct;
• Defense decision in favor of the employer denying plaintiff’s claim she injured her foot while working on a construction site where defendants were able to prove that plaintiff presented multiple theories of how the injury occurred none of which, defendants argued, were credible;
• Defense decision in favor of the employer on the issue of plaintiff’s entitlement to ongoing disability following a compensable injury where defendants were able to establish that plaintiff could not meet his ongoing burden of proving disability despite being assigned permanent work restrictions;
• Defense decision in favor of the employer in a case involving an admitted injury to plaintiff’s lower back and hip and a denied injury to plaintiff’s neck. Defendants were able to successfully prove, through medical testimony, that plaintiff’s alleged neck injury was not causally related to his otherwise admittedly compensable claim;
• Defense decision in favor of a staffing agency where plaintiff alleged he sustained a compensable back injury. Defendants were able to prove, through lay testimony and otherwise, that plaintiff did not sustain a compensable back injury thus resulting in a denial of plaintiff’s claim;

Civil Litigation Results

• Summary judgment on behalf of a school board sued by a mentally handicapped student who was sexually assaulted on school premises. Defendant successfully argued that defendant did not breach any recognized duties of care and that plaintiff’s injuries were not proximately caused by defendant’s actions;
• Summary judgment on behalf of an insurance company in a declaratory judgment action involving a dispute over coverage for claims involving lead paint ingestion. Defendant successfully argued that the insurance policy excluded claims based on exposure to lead paint;
• Summary judgment on behalf of a contractor sued for negligence following a fall by an individual who was working with the contractor on scaffolding prior to the fall resulting in extensive injuries where defendant successfully argued that plaintiff assumed the risk of injury and was contributorily negligent;
• Summary judgment on behalf of a product manufacturer alleged to have produced a product which resulted in a fire that destroyed a multi-million dollar residence where defendant manufacturer successfully argued that plaintiff’s products liability claim was barred by the applicable statute of repose;
• Dismissal of lawsuit alleging claims of negligence, negligent infliction of emotional distress, breach of contract, fraud, unfair and deceptive trade practices, and punitive damages based upon an alleged improper embalming procedure performed by a funeral home;
• Dismissal of a lawsuit wherein plaintiff asserted a claim for negligence based upon an allegedly contaminated food product.

Appellate Decisions

• Thomas v. McLaurin Parking, 640 S.E.2d 779 (NC Court of Appeals 2007)
• Williams v. Law Companies Group, Inc., 645 S.E. 2d 725 (NC Court of Appeals 2008)