Sparks v. Mountain Breeze Rest

In Sparks v. Mountain Breeze Rest., 55 N.C. App. 663, 665, 286 S.E.2d 575, 576 (1982), the Court concluded that defendants had ample basis for defending plaintiff's claim on the ground of the credibility of plaintiff's assertions where the evidence tended to show the following: There were no eyewitnesses to the alleged accident. Plaintiff did not advise defendants thereof on the date of the occurrence. He continued to work for the remainder of that day without telling his employers or fellow employees of his injury. He rode home with one of the employers that evening, and the employer could not recall his mentioning any pain or soreness in his back at that time. Two evenings later plaintiff called this employer, indicated that he was at the Dollar Store where "they had Bic pens on sale," and inquired whether the employer wanted him to purchase some for the restaurant. He also told the employer to have him picked up the next morning. None of the employers could recall any notification regarding the alleged accident until receipt of a letter from the Industrial Commission about 30 August 1980, some nineteen days later. Sparks, 55 N.C. App. at 664-65, 286 S.E.2d at 576. The Court found that this was "substantial evidence of conduct by plaintiff inconsistent with his alleged claim." Id. at 665, 286 S.E.2d at 576. Even though plaintiff was ultimately awarded compensation, "given this evidence, an award of compensation was not compelled; and defendants' concerns regarding plaintiff's credibility were not without reason." Id.