Legal Opinion · Dissent

Gregory v. W.A. Brown & Sons

Court of Appeals of North Carolina

Decided August 19, 2008No. COA07-1265Published

1DissentJackson, Judge

I concur in the majority opinion except as to its holding that defendant-employer was not prejudiced by plaintiffs failure to submit written notice of her injury within the thirty-day period mandated by North Carolina General Statutes, section 97-22. As to that portion of the majority opinion, I must respectfully dissent.

While I recognize that there is some divergence of opinion surrounding this issue, see Booker v. Duke Med. Ctr., 297 N.C. 458, 256 S.E.2d 189 (1979); Richardson v. Maxim Healthcare/ Allegis Grp., 188 N.C. App. 337, 657 S.E.2d 34 (2008); Legette v. Scotland Mem’l Hosp., 181…

2Cases cited14 opinions

  1. Booker v. Duke Medical CenterSupreme Court of North Carolina · 1979
  2. Morgan v. Thomasville Furniture Industries, Inc.Court of Appeals of North Carolina · 1968
  3. Sanderson v. Northeast Construction Co.Court of Appeals of North Carolina · 1985
  4. Vieregge v. N.C. State UniversityCourt of Appeals of North Carolina · 1992
  5. Lakey v. U.S. Airways, Inc.Court of Appeals of North Carolina · 2002

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