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PATRICIA CANADY ADMINISTRATRIX OF THE ESTATE OF DENNIS EARL CANADY
vs.
MICHAEL MCLEOD LYNDON YOUNG AND TITUS CAPERS
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Issues:
Worker's Compensation, alcohol.
Case Summary:
The estate of a roofer who died from injuries sustained in a fall from the defendant's roof appeals the ruling of a lower court. Patricia Canady filed suit for workers' compensation benefits following the death of Dennis Canady, who died after he fell from Titus Capers' roof. Canady was a member of a work crew that was repairing Capers' roof on a cold, windy December day. Capers provided beer to the work crew. Canady later fell from the structure. His estate alleges that Capers was negligent in providing alcohol to workers involved in dangerous work. Capers responded with a motion for summary judgment.
Decision of lower jurisdiction:
A Wake County Superior Court granted Capers' motion for summary judgment. The court ruled that the plaintiff failed to prove that Capers provided alcohol to the workers with the intent of causing injury or death. Canady now appeals.
Outcome:
Canady loses. The North Carolina Court of Appeals affirmed the ruling of the lower jurisdiction.