CAUBLE v. SOFT-PLAY, INC.

No. COA95-1423.

477 S.E.2d 678 (1996)

Elaine CAUBLE, Administratrix of the Estate of Jamey B. Staton, deceased, Plaintiff-Appellee, v. SOFT-PLAY, INC., Employer, and The Home Indemnity Company, Carrier, Defendants-Appellants.

Court of Appeals of North Carolina.

November 19, 1996.


Attorney(s) appearing for the Case

Wishart, Norris, Henninger & Pittman, P.A. by Daniel C. Marks, Charlotte, for defendants-appellants.

The Law Offices of Cecil Whitley by Michael S. Adkins, Salisbury, for plaintiff-appellee.


WYNN, Judge.

The parties stipulate to the following summary of the relevant facts in this matter:

Defendant Soft-Play, Inc., a North Carolina corporation, employed Jamey B. Staton and assigned him as part of an equipment installment crew to a project in Erie County, New York. The company gave all crew members a daily per diem of $30.00 to be used for any purpose, including purchasing meals, and paid directly for their lodging.

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