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McANELLY v. WILSON PALLET & CRATE CO.

No. 941OIC318.

460 S.E.2d 894 (1995)

David George McANELLY, Employee, Plaintiff, v. WILSON PALLET AND CRATE COMPANY, Employer; and Aetna Casualty and Surety Company, Carrier, Defendants.

Court of Appeals of North Carolina.

September 5, 1995.

Attorney(s) appearing for the Case

Lee, Reece & Weaver by Cyrus F. Lee and Rachel V. Lee, Wilson, for plaintiff-appellant/appellee.

Ward and Smith, P.A. by William Joseph Austin, Jr., New Bern, for defendant-appellants/appellees.

McGEE, Judge.

Plaintiff David McAnelly owned and operated the Wilson Pallet and Crate Company as a sole proprietorship. Plaintiff was actively engaged in the operation of the business, performing managerial and administrative duties as well as driving a forklift, loading trucks, operating the saw, assembling pallets, and making deliveries. Pursuant to N.C.Gen.Stat. § 97-2(2) (1991), plaintiff elected to include himself...

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