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HAMBY v. PROFILE PRODUCTS, L.L.C.

No. 507A06.

652 S.E.2d 231 (2007)

Lennie and Bonnie HAMBY v. PROFILE PRODUCTS, L.L.C., Terra-Mulch Products, L.L.C., Roy D. Hoffman, and Electric Service Group, Inc.

Supreme Court of North Carolina.

November 9, 2007.

Attorney(s) appearing for the Case

Jones Martin Parris & Tessener Law Offices, P.L.L.C., by John Alan Jones and G. Christopher Olson, Raleigh; and Carter G. Bishop, for plaintiff-appellees.

Womble Carlyle Sandridge & Rice, P.L.L.C., by Burley B. Mitchell, Jr. and Sarah L. Buthe, Raleigh; and Joseph W. Moss, Greensboro, for defendant-appellant Profile Products, L.L.C.

Shumaker, Loop & Kendrick, L.L.P., by William H. Sturges, Charlotte; Kennedy, Covington, Lobdell & Hickman, L.L.P., by William G. Scoggin, Raleigh; and Alston & Bird, L.L.P., by H. Bryan Ives, III, Charlotte, for North Carolina Citizens for Business and Industry and North Carolina Associated Industries, amici curiae.

NEWBY, Justice.

This case presents the issue of whether the exclusivity provision of the Workers' Compensation Act protects the member-manager of a limited liability company ("LLC") with respect to an employee's injuries arising out of employment with the LLC. We hold that the exclusivity provision applies when a member-manager is conducting the business of an employer LLC. Accordingly, we reverse the Court of Appeals.

I. BACKGROUND

This action arises...

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