CARDWELL v. JENKINS CLEANERS, INC.

No. 374A10.

704 S.E.2d 898 (2011)

Judy CARDWELL, Employee v. JENKINS CLEANERS, INC., Employer, Midwest Employers Casualty Company, Carrier (Key Risk Insurance Company, Third-Party Administrator).

Supreme Court of North Carolina.

February 4, 2011.


Attorney(s) appearing for the Case

Pope McMillan Kutteh Privette Edwards & Schieck, PA, Statesville, by Martha N. Peed and Anthony S. Privette , for plaintiff-appellant.

McAngus, Goudelock & Courie, P.L.L.C., Charlotte, by Jason C. McConnell , Danielle M. Crockford , and H. George Kurani , for defendant-appellees.

Sumwalt Law Firm, Charlotte, by Vernon Sumwalt ; and Patterson Harkavy, LLP, Raleigh , by Burton Craige , for North Carolina Advocates for Justice, amicus curiae.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., Wilmington , by M. Duane Jones and Ashley M. Ferrell , for North Carolina Association of Defense Attorneys, amicus curiae.


PER CURIAM.

In the Court of Appeals opinion below the majority concluded that plaintiff Judy Cardwell "was not on [her] employer's premises" when she slipped, fell, and broke her wrist yet also stated that the Industrial Commission "made no findings about employer's right to control or duty to maintain" the cement area outside the back door of defendant-employer's premises, where plaintiff testified she fell. Cardwell v. Jenkins Cleaners, Inc., ___ N.C.App...

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