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MAULDIN v. AC CORP., 727 S.E.2d 874 (2012)

Court: Supreme Court of North Carolina Number: inncco20120615691 Visitors: 3
Filed: Jun. 14, 2012
Latest Update: Jun. 14, 2012
Summary: PER CURIAM. For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed as to the appealable issue of right, that is, whether the Industrial Commission properly found and concluded that Argonaut was the carrier on the risk for plaintiff's asbestosis. The remaining issues addressed by the Court of Appeals are not properly before this Court and the Court of Appeals' decision as to these matters remains undisturbed. This case is remanded to the Court of Appea
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PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed as to the appealable issue of right, that is, whether the Industrial Commission properly found and concluded that Argonaut was the carrier on the risk for plaintiff's asbestosis. The remaining issues addressed by the Court of Appeals are not properly before this Court and the Court of Appeals' decision as to these matters remains undisturbed. This case is remanded to the Court of Appeals for further remand to the North Carolina Industrial commission for further proceedings not inconsistent with this opinion.

REVERSED IN PART AND REMANDED.

Source:  Leagle

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