Adams v. Hajoca Corp

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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. IN THE COURT OF APPEALS OF NORTH CAROLINA No. COA23-1006 Filed 16 April 2024 Henderson County, No. 22CVS1620 KATIE DAWN ADAMS, ADMINISTRATOR OF THE ESTATE OF MARCELLO GODOFREDO RENDON HERNANDEZ, Plaintiff, v. HAJOCA CORPORATION, et al., Defendants, and HAJOCOA CORPORATION and ANDREW WEYMOUTH, Third-Party Plaintiffs, v. ROBERT CRAWFORD, Individually, and ROBERT CRAWFORD d/b/a ROBERT CRAWFORD MASONRY, Third-Party Defendants. Appeal by third-party defendants from order entered 5 June 2023 by Judge Steve Warren in Henderson County Superior Court. Heard in the Court of Appeals 20 March 2024. Martineau King PLLC, by Elizabeth A. Martineau, and Geoffrey A. Marcus, for the appellee. McAngus, Goudelock & Courie, PLLC, by Jeffrey Kuykendall, for the appellant. PER CURIAM. This case was consolidated for hearing only with two other cases: Hernandez v. Hajoca Corporation et al., COA 23-1001 and Sanchez v. Hajoca Corporation et al., ADAMS V. HAJOCA CORP. Opinion of the Court COA 23-1003. All three cases arise from the same factual background and raise identical legal issues. For the reasons stated in this Court’s published opinion in Hernandez v. Hajoca Corporation, COA 23-1001, the exclusivity provision of the Workers Compensation Act vests exclusive jurisdiction over the claims against them in the Industrial Commission. N.C. Gen. Stat. § 97-10.1 (2023). The order is reversed, and the cause is remanded for order of dismissal of Third-Party Plaintiffs’ complaint. It is so ordered. REVERSED AND REMANDED. Panel consisting of Judges Tyson, Griffin, and Flood. Report per Rule 30(e). -2-

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