RICE v. CONTINENTAL TIRE THE AMERICAS (2025)

Court of Appeals of North Carolina.

Ernest Daniel RICE, Employee, Plaintiff, v. CONTINENTAL TIRE THE AMERICAS, Employer, self-insured, Defendant.

No. COA24-295

Decided: September 03, 2025

Wallace and Graham, P.A., by Edward L. Pauley, for Plaintiff-Appellant. Fox Rothschild LLP, by Jeri L. Whitfield, Kip David Nelson, and Patrick M. Kane, for Defendant-Appellee Continental Tire the Americas.

For the reasons stated in our opinion in Funderburk v. Continental Tire the Americas, ––– N.C. App. ––––, ––– S.E.2d –––– (No. COA 24-192, 2025), filed simultaneously with this opinion, we reverse the order of the Full Commission dismissing Plaintiff's claim and remand for further proceedings to consider that claim.

REVERSED AND REMANDED.

Report per Rule 30(e).

HAMPSON, Judge.

Judge WOOD concurs. Chief Judge DILLON dissents for the reasons stated in his dissenting opinion in Funderburk.

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