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SALOMON v. OAKS OF CAROLINA

No. COA11-511.

718 S.E.2d 204 (2011)

Marie SALOMON, Employee, Plaintiff, v. The OAKS OF CAROLINA, Employer, and Travelers, Carrier, Defendants.

Court of Appeals of North Carolina.

November 15, 2011.

Attorney(s) appearing for the Case

Hardison & Cochran, PLLC, Raleigh, by J. Jackson Hardison , for Plaintiff.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Jennifer V. Ruiz , Raleigh, and M. Duane Jones , Charlotte, for Defendants.

STEPHENS, Judge.

Factual and Procedural History

Plaintiff Marie Salomon worked for Defendant-employer The Oaks of Carolina (a nursing home) as a certified nurse's assistant ("CNA") caring for elderly residents. On 8 March 2009, Plaintiff discovered one partially-paralyzed resident who had soiled himself and needed changing. Plaintiff testified that the normal procedure for moving or changing a resident would be to get assistance from another CNA or...

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