McKinnon v. CV Industries, Inc.

DAVIS, Judge.

Plaintiff Bobby E. McKinnon (“plaintiff’ or .“McKinnon”) appeals from the trial court’s order denying his motion for attorney’s fees and awarding attorney’s fees and costs to defendant CV Industries, Inc. (“defendant” or “CVI”). Defendant cross-appeals. After careful review, we affirm in part and remand in part.

Factual Background

This case is before this Court for the second time. The facts surrounding this action are set out more fully in McKinnon v. CV Indus., Inc., _N.C. App._, 713 S.E.2d 495 (2011) (“McKinnon I”) but are summarized in pertinent part as follows:

CVI is a holding…