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HEATHERLY v. HOLLINGSWORTH COMPANY, INC.

No. COA07-222.

658 S.E.2d 30 (2008)

Kenneth HEATHERLY, Employee, Plaintiff, v. The HOLLINGSWORTH COMPANY, INC., Employer, and Stonewood Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

March 18, 2008.

Attorney(s) appearing for the Case

Brooks, Stevens & Pope, P.A., by Bambee B. Blake and Ginny P. Lanier, Cary, for defendants.

Bazzle & Carr, P.A., by Ervin W. Bazzle, Hendersonville, for plaintiff.

ELMORE, Judge.

Kenneth Heatherly (plaintiff) was working as a drywall hanger for his brother, Randy Heatherly, the owner of CDS Drywall on 12 July 2004. As a result of inclement weather including rain and lightning, he and other workers ceased work on the project and took shelter in the garage. The garage was mostly finished but lacked doors. Plaintiff picked up a "landline" telephone located in the garage to call his brother and inform him that the crew had stopped...

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