Johnson v. HERBIE'S PLACE

CourtNorth Carolina Supreme Court
CitationJohnson v. HERBIE'S PLACE, 585 S.E.2d 760, 357 N.C. 460 (N.C. 2003)
Decision Date21 August 2003
Docket NumberNo. 246P03.,246P03.
PartiesMichael JOHNSON, Employee v. HERBIE'S PLACE, Employer, Uninsured Defendant. North Carolina Industrial Commission, Agency of the State of North Carolina. v. Herbie's Place, L.L.C., and Bill Kennedy, Individually.

Norman B. Smith, Greensboro, for Herbie's Place, Bill Kennedy.

Todd P. Oxner, Summerfield, for Johnson.

Tina Lloyd Hlabse, Adrian Phillips, Assistant Attorney Generals, for State.

Prior report: 157 N.C.App. 168, 579 S.E.2d 110.

ORDER

Upon consideration of the petition filed by Defendants (Herbie's Place and Bill Kennedy) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 21st day of August 2003.
...

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45 cases
  • Wynn v. United Health Serv./Two Rivers Health–trent Campus
    • United States
    • North Carolina Court of Appeals
    • August 2, 2011
    ...S.E.2d 149, 156 (2009) (quoting Johnson v. Herbie's Place, 157 N.C.App. 168, 180, 579 S.E.2d 110, 118, disc. review denied, 357 N.C. 460, 585 S.E.2d 760 (2003)). The “Commission's conclusions of law are [, however,] reviewed de novo.” McRae v. Toastmaster, Inc., 358 N.C. 488, 496, 597 S.E.2......
  • Pulley v. City of Wilson, No. COA08-716 (N.C. App. 4/7/2009)
    • United States
    • North Carolina Court of Appeals
    • April 7, 2009
    ...established on appeal." See Johnson v. Herbie's Place, 157 N.C. App. 168, 180, 579 S.E.2d 110, 118, disc. review denied, 357 N.C. 460, 585 S.E.2d 760 (2003). Also on appeal, plaintiff has moved that we strike defendant's brief for rule violations and award plaintiff attorney's fees for defe......
  • Gregory v. W.A. Brown & Sons
    • United States
    • North Carolina Court of Appeals
    • August 19, 2008
    ...conclusions of law de novo. Johnson v. Herbie's Place, 157 N.C.App. 168, 171, 579 S.E.2d 110, 113, disc. review denied, 357 N.C. 460, 585 S.E.2d 760 (2003). I. Defendants first argue the Commission erred by concluding that Plaintiff sustained specific traumatic incident on some unknown date......
  • Chaisson v. Simpson
    • United States
    • North Carolina Court of Appeals
    • March 3, 2009
    ...Johnson v. Herbie's Place, 157 N.C.App. 168, 180, 579 S.E.2d 110, 118 (internal quotation marks omitted), disc. review denied, 357 N.C. 460, 585 S.E.2d 760 (2003). Only "[t]he Commission's conclusions of law are reviewed de novo." McRae, 358 N.C. at 496, 597 S.E.2d at Defendants first conte......
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