NC Court of Appeals Rejects Another Woodson Claim

Earlier this month, the North Carolina Court of Appeals issued an opinion concerning the viability of plaintiff’s Woodson claim — a wrongful death tort action based on an injury sustained at work.  In Valenzuela v. Pallet Express Inc., the Court once again rejected a Woodson in what seemed to be an egregious case.  Typically, plaintiffs

New Workers’ Compensation Decisions from Court of Appeals

On December 8, the North Carolina Court of Appeals published a couple of workers’ compensation decisions. In the first, Heflin v. G.R. Hammonds Roofing, the Court faced an unusual situation involving Florida’s workers’ comp laws and a plaintiff’s efforts to delay her own case. Plaintiff’s husband was killed while working in Florida in 2004. Because

NC Supreme Court Denies Review in Fulford v. Jenkins; Win for Plaintiff

The North Carolina Supreme Court denied the defendants’ petition for discretionary review (PDR) in Fulford v. Jenkins today, among its long list of orders.  This is a wrongful death action based on the negligence of the Duplin County Department of Social Services and its employees.  The defendants lost on the issue governmental immunity, appealed, lost