Tinch v. Video Industrial Services, 129 NC App 69 (96-155) 11/05/1996 Link to original WordPerfect file

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Tinch v. Video Industrial Services

No. COA96-155

(Filed 5 November 1996)

1.    Appeal and Error § 118 (NCI4th)-- partial denial of summary judgment -- nonappealable interlocutory order

    Defendant engineering company's appeal from the trial court's partial denial of summary judgment as to plaintiff worker's claim that defendant breached a statutory duty to plaintiff was dismissed as interlocutory where this claim was not certified for immediate appeal by the trial court, and defendant has not shown that it will be deprived of any substantial right without review before final judgment on this claim.

     Am Jur 2d, Appellate Review §§ 169, 170.

2.    Appeal and Error § 121 (NCI4th)-- partial summary judgment -- nonappealable interlocutory order

    Plaintiff worker's appeal from the trial court's order granting summary judgment in favor of defendant video company as to plaintiff's Woodson claim based on alleged intentional, willful and wanton misconduct was dismissed as interlocutory where the only claim left for trial is plaintiff's claim that defendant engineering company's breach of a statutory duty caused plaintiff's injuries; the resolutions of plaintiff's claims against defendant video company and defendant engineering company are not dependent upon the same facts; and dismissal of this appeal will not prejudice a substantial right of plaintiff or result in inconsistent verdicts as to the liability of defendant video company and defendant engineering company.

     Am Jur 2d, Appellate Review §§ 169, 170.

NO. COA96-155

NORTH CAROLINA COURT OF APPEALS

Filed: 5 November 1996

FREDERICK TINCH,

    Plaintiff,    

     v.

VIDEO INDUSTRIAL SERVICES, INC., WESTERN TEMPORARY SERVICES, INC., HENDON ENGINEERING ASSOCIATES, INC., METROPOLITAN SEWERAGE DISTRICT OF BUNCOMBE COUNTY, and CARYLON CORPORATION,

    Defendant.

    Appeal by plaintiff and defendant Hendon Engineering Associates, Inc., from order entered 5 October 1995 by Judge John M. Gardner in Mecklenburg County Superior Court. Heard in the Court of Appeals 21 October 1996.

    Mraz & Dungan, by John A. Mraz and Carl Spencer Alridge, II, for plaintiff appellant-appellee.