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Braxton v. Anco Electric, Inc.
North Carolina Supreme Court
330 N.C. 124, 409 S.E.2d 914 (1991)
Larry Braxton (plaintiff) was injured in a construction accident that occurred in Virginia. At the time of the accident, Braxton was a North Carolina resident and was employed by a North Carolina company, which was a subcontractor for another North Carolina company. Braxton received benefits under North Carolina’s workers’ compensation system. Braxton filed suit against Anco Electric, Inc. (defendant), another subcontractor on the construction project, which was also a North Carolina company. Applying the law of the state where the accident occurred, the trial court dismissed Braxton’s complaint, holding that it was barred by Virginia’s workers’ compensation statute, under which Anco Electric would be considered Braxton’s statutory employer. The intermediate appellate court reversed, applying North Carolina law, under which Anco Electric would not be considered Braxton’s statutory employer.
Rule of Law
Holding and Reasoning (Martin, J.)
Dissent (Meyer, J.)
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