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BRAXTON v. ANCO ELEC., INC.

No. 9010SC139.

397 S.E.2d 640 (1990)

100 N.C. App. 635

Larry Gordon BRAXTON, Plaintiff, v. ANCO ELECTRIC, INC., Defendant.

Court of Appeals of North Carolina.

November 20, 1990.

Attorney(s) appearing for the Case

Edelstein, Payne & Nelson by Steven R. Edelstein, Raleigh, for plaintiff-appellant.

Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence by Donnell Van Noppen, III, Raleigh, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by David H. Batten and Loann S. Meekins, Raleigh, for defendant-appellee.

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting defendant's motion to dismiss. For the reasons set forth below, we reverse the trial court's order.

Under North Carolina law, the right of an employee to maintain a negligence action against persons other than the employer and those carrying out the employer's business is governed by N.C.Gen.Stat. § 97-10.2 (1985) of the N.C. Workers' Compensation Act. Bryant v. Dougherty...

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