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Dildy v. MBW Investments, Inc.

566 S.E.2d 759 (2002)

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Dildy v. MBW Investments, Inc.

North Carolina Court of Appeals
566 S.E.2d 759 (2002)

  • Written by Tammy Boggs, JD

Facts

Janice Dildy (plaintiff) was in an abusive relationship with Vernon Farmer. Even after Dildy left Farmer, he still threatened and harassed her. Dildy suffered great anxiety that Farmer would harm her but did not tell her employer or supervisors at a convenience store owned by MBW Investments, Inc. (defendant) about her relationship with Farmer. One day while the store was open and Dildy was working as a cashier, Farmer came in, paid for a six-pack of beer, and threw the pack at Dildy, hitting her in the chest. Dildy told her supervisor, Ronnie Braziel, that she believed the customer was going to come back to the store and kill her. Dildy also asked Braziel to call the police. Braziel, who had no knowledge of the prior history between Farmer and Dildy, refused to call the police and directed Dildy to resume her job duties. Farmer next called the convenience store to threaten Dildy, but again Braziel asked Dildy to continue her duties. Sometime in the next 20 minutes, Farmer returned to the store and shot Dildy, who was seriously injured. Farmer pleaded guilty to assault with a deadly weapon inflicting serious injury. Dildy filed a claim for workers’-compensation benefits, but her claim was denied by an administrative panel. Dildy appealed.

Rule of Law

Issue

Holding and Reasoning (Campbell, J.)

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