Phillips v. Restaurant Management of Carolina

Decision Date31 January 2002
Docket NumberNo. 605P01.,605P01.
CitationPhillips v. Restaurant Management of Carolina, 560 S.E.2d 132, 355 N.C. 214 (N.C. 2002)
CourtNorth Carolina Supreme Court
PartiesChris T. PHILLIPS v. RESTAURANT MANAGEMENT OF CAROLINA, L.P., a Delaware Limited Partnership, Taco Bell Corp., a California Corporation, and Jason Paul Jones.

Robert R. Marcus, Angela L. Little, Greensboro, for Restaurant Management of Carolina L.P.

Steve Warren, for Phillips.

Prior report: 146 N.C.App. 203, 552 S.E.2d 686.

ORDER

Upon consideration of the petition filed by Defendant(Restaurant Management of Carolina, L.P.) 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
...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex

Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

  • Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

  • Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

  • Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

  • Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

vLex
13 cases
  • Gregory v. Bruce
    • United States
    • U.S. District Court — Middle District of North Carolina
    • August 25, 2016
    ...Phillips v. Restaurant Mgmt. of Carolina, L.P., 146 N.C. App. 203, 216, 552 S.E.2d 686, 695 (2001) disc. review denied, 355 N.C. 214, 560 S.E.2d 132 (2002)) (emphasis in original); Green v. Freeman, 233 N.C. App. 109, 112-13, 756 S.E.2d 368, 373 (2014). In some instances a respondeat superi......
  • Wood v. McDonald's Corp.
    • United States
    • North Carolina Court of Appeals
    • September 7, 2004
    ...Phillips v. Restaurant Mgmt. of Carolina, L.P., 146 N.C.App. 203, 209, 552 S.E.2d 686, 690-91 (2001), disc. review denied, 355 N.C. 214, 560 S.E.2d 132 (2002) (where summary judgment was reversed because the court found an issue of fact as to whether employee's acts were within the scope of......
  • Diggs v. Forsyth Mem'l Hosp. Inc
    • United States
    • North Carolina Court of Appeals
    • July 20, 2010
    ...when the principal retains the right to control and direct the manner in which the agent works."), disc, review denied, 355 N.C. 214, 560 S.E.2d 132 (2002). Thus, a judgment on the merits in favor of the anesthesiology Defendants would preclude an action against their principal, Defendant. ......
  • Clayton v. Branson
    • United States
    • North Carolina Court of Appeals
    • October 15, 2002
    ...Phillips v. Restaurant Mgmt, of Carolina, L.P., 146 N.C.App. 203, 215, 552 S.E.2d 686, 694 (2001), disc. rev. denied, 355 N.C. 214, 560 S.E.2d 132 (2002). The trial court found that whether Branson acted outside the scope of his duties by acting in such a manner was a question of material f......
  • Get Started for Free