Adam G. Linett

Adam G. Linett

Adam G. Linett, the founding member of A.G. Linett & Associates, PA, enjoys practicing law as a trial lawyer. After graduation from Duke Law School in 2000, he moved to New York where his work primarily focused on defense litigation and appellate work in a number of jurisdictions across the United States.
Saturday, 07 November 2015 00:00

Sanchez v. Truse Trucking, Inc.

Reported Decision

Sanchez v. Truse Trucking, Inc., 74 F. Supp. 3d 716 (M.D.N.C. 2014)

Date: 7/31/2014

Attorney(s):
  • Adam G. Linett

Summary

We represented thirteen (13) current and former employees of a North Carolina freight shipping and trucking company who alleged that they were not paid minimum wage and overtime under the Fair Labor Standards Act (FLSA). The employer moved to dismiss the claim for failure to state a claim. However, District Court Judge Beaty denied the motion and allowed the Plaintiffs’ claims to go forward holding that the defendant’s motion was premature and the complaint was sufficiently detailed to state a claim.

Disclaimer: The case(s) referenced herein are sample cases handled by the law firm. The results of each case depend on a variety of factors unique to each case and not all of the firm's results are provided. Prior results do not guarantee similar outcomes.

Tuesday, 06 October 2015 00:00

Mosqueda v. Mosqueda

Reported Decision

Mosqueda v. Mosqueda, 721 S.E.2d 755, 757 (N.C. Ct. App. 2012) appeal dismissed, review denied, 724 S.E.2d 919 (N.C. 2012)

Date: 1/17/2012

Attorney(s):
  • Adam G. Linett
  • J. Rodrigo Pocasangre

Summary

Four passengers sued the driver of automobile who overturned her vehicle in Alabama while all were in route to North Carolina. The trial court dismissed three of the plaintiffs' claims finding they were barred by the Alabama guest statute. Plaintiffs appealed arguing that the Alabama guest statute was contrary to North Carolina public policy and that it violated the Equal Protection Clause. However, the Court of Appeals upheld the trial court's decision and the North Carolina Supreme Court denied review. The remaining passenger settled after the appeal was concluded as his claim was found exempted from the guest statute as the husband and co-owner of the vehicle.

Disclaimer: The case(s) referenced herein are sample cases handled by the law firm. The results of each case depend on a variety of factors unique to each case and not all of the firm's results are provided. Prior results do not guarantee similar outcomes.

Friday, 25 September 2015 00:00

ABC Roofing, Inc. v. Sawyer

Sample Decision

ABC Roofing, Inc. v. Sawyer, 750 S.E.2d 918 (N.C. Ct. App. 2013) (unpublished disposition)

Date: 9/3/2013

Attorney(s): 
  • Adam G. Linett
  • J. Rodrigo Pocasangre 

Summary

We represented a roofing contractor, ABC Roofing, Inc., who was not paid by a homeowner after having installed new shingles on the Defendant's residence. After a bench trial, the District Court Judge ruled in our favor and ordered the Defendant to pay the amount owed. The Defendant appealed. In an unpublished decision, the Court of Appeals upheld the trial court's judgment.

Disclaimer: The case(s) referenced herein are sample cases handled by the law firm. The results of each case depend on a variety of factors unique to each case and not all of the firm's results are provided. Prior results do not guarantee similar outcomes.

No. You must act quickly.  North Carolina General Statutes Section 97-22 requires an injured employee to give written notice to his employer of an injury or accident as soon as practical or within 30 days of the date of the injury or occupational disease.  An injured worker should fill out North Carolina Industrial Commission Form 18, entitled Notice of Accident to Employer and Claim of Employee, Representative, or Dependent and submit it to the Industrial Commission and their employer.

What happens if a person waits?  There is an exception to the 30-day rule if an employee can show a “reasonable excuse” for the failure to provide written notice and that the employer has not been “prejudiced.” But many times the insurance carrier will deny the claim because of the late notice and the case ends up in litigation.  

Whether or not an employee has a “reasonable excuse” depends on the circumstances.  For example, in Peagler v. Tyson Foods, Inc., the Court of Appeals noted that “A reasonable excuse may be established where the employee does not initially know of the nature or probable compensable character of his injury.” The Court also noted that the plaintiff did not “initially understand the nature or character of his injury .… [and] that plaintiff had a third grade education and was illiterate.”

In any event, it is best not to wait and create unnecessary difficulties with your workers’ compensation case.  Contact us today if you have any questions.

Contact Info

A.G. Linett & Associates — PA ATTORNEYS AT LAW
4914 W. Market Street, Suite A
Greensboro, NC 27407

 336.316.1190

 336.316.1191

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  Hours of operation: 8:30 am - 5:30 pm Mon-Fri | 9:00 am - 5:00 pm Sat