Skip to main content

Waters v. Pumphrey

N.C. Ct. App.October 18, 2022No. 20-816
Plaintiff WinScott Waters
Facing something similar at work?Check your rights — free, private, no sign-up

Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment

Related Laws

No specific laws identified for this ruling.

Claim Types

Retaliation

Outcome

The court affirmed the trial court's grant of summary judgment in favor of the landlord (Plaintiff), allowing eviction of the tenant (Defendant). The court rejected the tenant's retaliatory eviction defense because the protected act occurred more than twelve months before the eviction action was filed.

Excerpt

summary judgment, retaliatory eviction, protected act, summary ejectment, notice to vacate

What This Ruling Means

**Waters v. Pumphrey: Retaliatory Eviction Case** This case involved a dispute where Waters claimed that Pumphrey (likely a landlord) illegally evicted them in retaliation for taking some kind of protected action. Waters argued that instead of evicting them for legitimate reasons, Pumphrey was getting back at them for doing something they had a legal right to do - such as filing a complaint about housing conditions or asserting tenant rights. The case centered around a summary judgment motion, which is when one party asks the court to decide the case without a trial because they believe the facts clearly support their position. Pumphrey had apparently given Waters a notice to vacate and pursued a quick eviction process called summary ejectment. Unfortunately, the court's final decision in this case is not available from the information provided, so we cannot determine whether Waters successfully proved the eviction was retaliatory. **Why This Matters for Workers:** This case highlights an important protection for tenants and worker-tenants. If you take legal action to protect your rights - whether related to housing conditions, workplace safety, or other protected activities - your landlord cannot retaliate by evicting you. However, proving retaliation can be challenging and requires showing the timing and circumstances connect your protected action to the eviction.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Retaliation cases

More Rulings in This Case

Other orders and opinions in Waters from the same court.

Browse Related

Facing something similar at work?

Court rulings like this one are useful, but every situation is different. Take 2 minutes to see which laws may protect you — it's free, private, and no account is required to start.

This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

See something wrong, or named in this ruling and want it corrected or redacted? Request a correction.