Attorney M. Travis Payne's Legal Cases

Workers compensation

Pulley v. City of Wilson, N. C. App. Case no. COA08-716 (April 7, 2009)

Jan 01, 2009

OUTCOME: Affirmed favorable ruling for injured worker

Affirmed the decision of the Industrial Commission that the aggravation of a pre-existing neck condition when a firefighter attempted a physical performance test to return to duty was a compensable inj ... ury

Workers compensation

Clemmons v. Securitas, Inc., N. C. App. Case no. COA06-1346 (June 5, 2007)

Jan 01, 2007

OUTCOME: Affirmed favorable ruling for injured worker

Workers compensation case recognizing that a spinal column injury and problem experienced by a security guard at a nuclear plant was caused by the carrying of substantial additional equipment about his ... upper body, and that those problems constituted an occupational disease.

Workers compensation

Whitfield v. Laboratory Corporation of America, N. C. App. Case no. COA02-722 (June 17, 2003)

Jan 01, 2003

OUTCOME: Upheld favorable ruling for injured worker

Workers’ compensation case recognizing that the injured worker carried her burden of proof with respect to on-going disability, and rejecting the employer’s contention that she unjustifiably refused to ... come to work.

Workers compensation

Dixon v. City of Durham, 128 N.C. App. 501, 495 S.E.2d 380, disc. rev. den., 348 N.C. 496, 510 S.E.2d 381 (1998)

Jan 01, 1998

OUTCOME: Ruled thta the injured workers refusal of an offered job wsa justified.

Recognized that “suitable work”for purposes of an injured worker receiving workers’ compensation is work that not only meets the physical restrictions of the worker, but that also allows the worker com ... parable wage earning opportunities to those that they had before the injury.

Employment and labor

Lenzer v. Flaherty, et al., 106 N.C.App. 496, 418 S.E.2d 276, disc. rev. den. 332 N.C. 345, 421 S.E.2d 348 (1992)

Jan 01, 1992

OUTCOME: Reversed dismissal of plaintiffs claims

Recognized claims on behalf of a public employee for state and federal constitutional violations in a discharge from employment, as well as claims for wrongful discharge and tortious interference with ... economic relations. Also recognized a claim for civil conspiracy for the first time in an employment case.

Employment and labor

English v. General Electric, 496 U.S.72 (1990)

Jan 01, 1990

OUTCOME: Reversed dismissal of plaintiffs claims

Obtained a unanimous decision from the United States Supreme Court, reversing the dismissal of claims for intentional infliction of emotional distress on behalf of a whistleblower in the nuclear indust ... ry.

Consumer protection

Crow v. Citicorp Acceptance Co., 319 N.C. 274, 354 S.E.2d 459 (1987)

Jan 01, 1987

OUTCOME: REversed denial of class action certification

First recognition of the right to bring a "common question" class action in North Carolina courts on behalf of consumers.

Employment and labor

Sides v. Duke Hospital, 74 N.C.App. 331, 328 S.E.2d 818; disc. rev. den. 314 N.C. 331, 335 S.E.2d 490 (1985)

Jan 01, 1985

OUTCOME: Reversed dismissal of plaintiffs claims

The first recognition in North Carolina of a claim for wrongful discharge in violations of public policy. The case involved the discharge of a nurse anesthetist who testified truthfully against her em ... ployer in a medical negligence case.

M. Travis Payne's Legal Cases (8)

Pulley v. City of Wilson, N. C. App. Case no. COA08-716 (April 7, 2009)

Clemmons v. Securitas, Inc., N. C. App. Case no. COA06-1346 (June 5, 2007)

Whitfield v. Laboratory Corporation of America, N. C. App. Case no. COA02-722 (June 17, 2003)

Dixon v. City of Durham, 128 N.C. App. 501, 495 S.E.2d 380, disc. rev. den., 348 N.C. 496, 510 S.E.2d 381 (1998)

Lenzer v. Flaherty, et al., 106 N.C.App. 496, 418 S.E.2d 276, disc. rev. den. 332 N.C. 345, 421 S.E.2d 348 (1992)

English v. General Electric, 496 U.S.72 (1990)

Crow v. Citicorp Acceptance Co., 319 N.C. 274, 354 S.E.2d 459 (1987)

Sides v. Duke Hospital, 74 N.C.App. 331, 328 S.E.2d 818; disc. rev. den. 314 N.C. 331, 335 S.E.2d 490 (1985)