POSTELL v. B & D CONST. CO.

No. 9010IC977.

411 S.E.2d 413 (1992)

105 N.C. App. 1

Roy Stephen POSTELL v. B & D CONSTRUCTION CO. and Non-Insured Carrier and James L. Mosley.

Court of Appeals of North Carolina.

January 7, 1992.


Attorney(s) appearing for the Case

Lore & McClearen by R. Edwin McClearen and F. Scott Templeton, Raleigh, for plaintiff-appellant and plaintiff-appellee, Roy Stephen Postell.

Shelley Blum, Charlotte, for defendant-appellant, B & D Const. Co.

Casey & Bishop by Jeffrey L. Bishop, Charlotte, for defendant-appellee, James L. Mosley.


WYNN, Judge.

Facts

Plaintiff, Roy Stephen Postell ("Postell") was injured on May 19, 1988, when a sixteen penny nail penetrated his eye as he worked on the framing of a house. At the time of the accident, Postell worked for B & D Construction Corporation ("B & D"), a company owned by Bob and Doris Rhyne. Bob Rhyne ("Rhyne") on behalf of B & D, had contracted with James Mosley ("Mosley") to build the Mosley house on the worksite.

Postell...

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