MOORE v. SULLBARK BUILDERS, INC.

No. COA08-1348.

680 S.E.2d 732 (2009)

Jamie MOORE, Employee, Plaintiff, v. SULLBARK BUILDERS, INC., Employer Builders Mutual Insurance Co., Carrier Defendant.

Court of Appeals of North Carolina.

August 4, 2009.


Attorney(s) appearing for the Case

Law Offices of Brian Peterson, by Brian Peterson, Asheville, for plaintiff-appellee.

Lewis & Roberts, PLLC, by Jeffrey A. Misenheimer, Raleigh, for defendant-appellants.


BRYANT, Judge.

Sullbark Builders, Inc. (defendant) appeals from an Opinion and Award determining that defendant failed to meet its burden of proof to successfully assert an affirmative defense pursuant to N.C. Gen.Stat. § 97-12. We affirm.

Facts

Jamie Moore (plaintiff) began working for defendant in September of 2005 as a trim carpenter. Plaintiff's primary duties included installing interior...

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