Gregory v. W.A. Brown & Sons

We squarely decided the question presented here in our recent, unanimous decision in Richardson v. Maxim Healthcare/Allegis Group, 362 N.C. 657, 669 S.E.2d 582 (2008). Despite no change to the governing statutory framework, the majority would essentially overrule Richardson just one year later, while claiming not to do so, in order to reach a particular outcome here. By this decision the majority adds nothing but confusion and inconsistency to our own jurisprudence2 and strays from the proper role and approach of this Court. As such, I respectfully dissent.

The sole issue presented to this…