Alexander v. Wal-Mart Stores, Inc.

CourtNorth Carolina Supreme Court
Writing for the CourtPER CURIAM.
CitationAlexander v. Wal-Mart Stores, Inc., 359 N.C. 403, 610 S.E.2d 374 (N.C. 2005)
Decision Date07 April 2005
Docket NumberNo. 588A04.,588A04.
PartiesJohn ALEXANDER, Employee v. WAL-MART STORES, INC., Employer, American Home Assurance Company, Carrier.

Brumbaugh, Mu & King, P.A., Jacksonville, by Nicole D. Wray and Charles R. Hassell Jr., Raleigh, for plaintiff-appellant.

Young Moore and Henderson P.A., Raleigh, by Zachary C. Bolen and Dawn Dillon Raynor, for defendant-appellees.

Kathleen Shannon Glancy, Wilmington, Counsel for the North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.

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27 cases
  • Watts v. Borg Warner Automotive, Inc.
    • United States
    • North Carolina Supreme Court
    • June 21, 2005
    ...(2005); Alexander v. Wal-Mart Stores, Inc., 166 N.C.App. 563, 603 S.E.2d 552 (2004) (J. Hudson dissenting), rev'd per curiam, 359 N.C. 403, 610 S.E.2d 374 (2005). "Unless a causal connection between employment and injury is proved, the injury is not compensable. The burden of proving the ca......
  • Day v. Brant
    • United States
    • North Carolina Court of Appeals
    • January 17, 2012
    ...this Court's role is not to engage in such a weighing of the evidence.”), rev'd per curiam for reasons in dissenting opinion, 359 N.C. 403, 610 S.E.2d 374 (2005). This aspect of the directed verdict standard is consistent with the Supreme Court's holding in Howerton that “once the trial cou......
  • Workman v. Rutherford Electric
    • United States
    • North Carolina Supreme Court
    • June 7, 2005
    ...Hudson, dissenting) (quoting Deese v. Champion Int'l Corp., 352 N.C. 109, 116, 530 S.E.2d 549, 553 (2000)), rev'd per curiam, 359 N.C. 403, 610 S.E.2d 374 (2005). Our Supreme Court reversed and adopted the dissenting opinion in Alexander, holding the greater weight of the evidence standard ......
  • Cameron v. Merisel Properties, Inc.
    • United States
    • North Carolina Court of Appeals
    • November 6, 2007
    ...(Hudson, J., dissenting) (quoting Adams v. AVX Corp., 349 N.C. 676, 681, 509 S.E.2d 411, 414 (1998)), rev'd per dissent, 359 N.C. 403, 610 S.E.2d 374 (2005). Without making any new arguments Defendant also asserts that if this Court disagrees that the motion for JNOV should have been grante......
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