Keel O'Malley, LLP - North Carolina Medical Malpractice Attorneys & NC Injury Lawyers

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Appellate Decisions

Willey v. Williams Produce, 149 N.C. App. 74, 562, S.E.2d 1 (2002), reversed, 357 N.C. 41, 577 S.E.2d 622 (2003)

The North Carolina Industrial Commission awarded Elizabeth Mullins workers' compensation benefits for the death of her father at his job as a long haul truck driver. The Defendants appealed the award. The North Carolina Court of Appeals reversed the decision of the Industrial Commission and denied benefits. Our firm appealed the decision to the North Carolina Supreme Court. Susan M. O'Malley argued in person to the North Carolina Supreme Court. The Court of Appeals reversed the decision and reinstated benefits to Ms. Mullins.

Joyner v. Barnhart, No. 2:03-CV-24-BO(1) (2004)
Mr. Joyner became disabled on May 29, 2001. He applied for Social Security Disability Benefits and was denied. Our firm appealed the denial through to the United States District Court for Eastern District of North Carolina. That Court found that Mr. Joyner's treating physician's opinion regarding disability should have been giving controlling weight. The Court granted Plaintiff's Motion for a Judgment on the Pleading and awarded benefits to Mr. Joyner

State v. Fields, 324 N.C. 204 (1989). 
Appeal of a first degree murder conviction for the trial court’s failure to instruct the jury on the defense of unconsciousness. The North Carolina Supreme Court found that the evidence did raise the defense of unconsciousness such that a jury could find that the defendant was in an altered state of consciousness and was not capable of a voluntary act. A new trial was ordered.


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