OSMOND v. CAROLINA CONCRETE SPECIALTIES

No. COA01-1203.

568 S.E.2d 204 (2002)

Aaron Dwayne OSMOND, Employee, Plaintiff v. CAROLINA CONCRETE SPECIALTIES, Employer and KEY BENEFIT SERVICES, Carrier, Defendants

Court of Appeals of North Carolina.

Publication Ordered August 12, 2002.


Attorney(s) appearing for the Case

Mark T. Sumwalt, P.A., by Mark T. Sumwalt and Vernon Sumwalt, Charlotte, for plaintiff-appellee.

Orbock Bowden Ruark & Dillard, PC, by Barbara E. Ruark, Winston-Salem, for defendants-appellants.


WALKER, Judge.

On 23 August 1999, plaintiff was working for defendant-employer (defendant) as a laborer. Plaintiff's supervisor, Greg Braun, was the husband of the owner of defendant. Plaintiff, plaintiff's brother, and a co-employee, Joe Whitehead, lived together south of Charlotte in South Carolina. Mr. Whitehead typically drove plaintiff and his brother to work since they did not have transportation; however, on 23 August 1999, Mr. Whitehead's vehicle was inoperable...

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