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.