Legal Opinion

Lovelace v. B & R Auto Serv., Inc.

Court of Appeals of North Carolina

Decided April 18, 2017No. COA16-1045Published

1Opinion of the Court

TYSON, Judge.

Melissa Lovelace appeals from an Opinion and Award of the North Carolina Industrial Commission ("the Commission") denying her claim against Southern Truck Service ("Defendant"). We affirm.

I. Factual Background

Plaintiff is the administrator of the estate of Johnny Lee Whitley ("Whitley"). Whitley was diagnosed with mesothelioma in 2012 and died on 19 May 2016. The parties stipulated and agreed that Whitley's mesothelioma was caused by cumulative exposure to asbestos-containing materials throughout his employment.

Whitley worked for Defendant from 1976 to 1980 as a general…

2Cases cited11 opinions

  1. Adams v. AVX Corp.Supreme Court of North Carolina · 1998
  2. Rutledge v. Tultex Corp./Kings YarnSupreme Court of North Carolina · 1983
  3. McRae v. Toastmaster, Inc.Supreme Court of North Carolina · 2004
  4. Caulder v. Waverly MillsSupreme Court of North Carolina · 1985
  5. Oliver v. Lane Co.Court of Appeals of North Carolina · 2001

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