Cherney v. North Carolina Zoological

Supreme Court of North Carolina

Cherney v. North Carolina Zoological

657 S.E.2d 352

CourtSupreme Court of North Carolina

DecidedMarch 7, 2008

DocketNo. 606A04-3.

StatusPublished

This text of 657 S.E.2d 352 (Cherney v. North Carolina Zoological) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cherney v. North Carolina Zoological, 657 S.E.2d 352 (N.C. 2008).

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Opinion

PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals affirming the Industrial Commission's decision and order is reversed. This case is remanded to the Court of Appeals for further remand to the Industrial Commission for entry of a new decision and order in accordance with the premises liability standard articulated in Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998) and applied subsequently in Martishius v. Carolco Studios, Inc., 355 N.C. 465, 562 S.E.2d 887 (2002). The Commission shall enter its new decision and order on the record as it exists without taking additional evidence.

REVERSED AND REMANDED.

Justices NEWBY and TIMMONS-GOODSON did not participate in the consideration or decision of this case.

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PER CURIAM.

For the reasons stated in the dissenting opinion, the decision of the Court of Appeals affirming the Industrial Commission's decision and order is reversed. This case is remanded to the Court of Appeals for further remand to the Industrial Commission for entry of a new decision and order in accordance with the premises liability standard articulated in Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998) and applied subsequently in Martishius v. Carolco Studios, Inc., 355 N.C. 465, 562 S.E.2d 887 (2002). The Commission shall enter its new decision and order on the record as it exists without taking additional evidence.

REVERSED AND REMANDED.

Justices NEWBY and TIMMONS-GOODSON did not participate in the consideration or decision of this case.

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Bluebook (online)

657 S.E.2d 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cherney-v-north-carolina-zoological-nc-2008.

Opinion

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