OVERTON v. EVANS LOGGING, INC.

No. COA12-761.

737 S.E.2d 416 (2013)

Walter T. OVERTON and Hattie Overton, Plaintiffs, v. EVANS LOGGING, INC. f/k/a/, d/b/a, C.B. Carter and Sons, Inc., Evans Logging, and International Paper Company, Defendants.

Court of Appeals of North Carolina.

January 15, 2013.


Attorney(s) appearing for the Case

Whitley Law Firm, New Bern, by Robert E. Whitley, Jr. and Ann C. Ochsner , and Golkow Hessel, LLC, by Daniel L. Hessel , for Plaintiff-appellants.

Teague Campbell Dennis & Gorham, LLP, Raleigh, by Bryan T. Simpson and Megan B. Baldwin , for Defendant-appellee.


HUNTER, JR., ROBERT N., Judge.

Walter Overton and Hattie Overton ("Plaintiffs") appeal from the trial court's order dismissing their complaint for failure to state a claim upon which relief may be granted. We reverse.

I. Factual & Procedural History

Plaintiff Walter Overton worked for Mobley Construction Company as a logging truck driver. Defendant International Paper Company ("International Paper") owned the timber rights to the trees at a logging...

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