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JARVIS v. STEWART
613 S.E.2d 293


170 N.C. App. 638 (2005)
JARVIS v. STEWART
613 S.E.2d 293
RICHARD JARVIS, PLAINTIFF
v.
NATHANIEL M. STEWART & STEWART FINANCIAL GROUP, INC., DEFENDANTS
No. COA04-713.
North Carolina Court of Appeals.
Filed June 7, 2005
Employer and Employee- disability provisions-state action-no preemption
Plaintiff's state action against his employer's financial advisor should not have been dismissed as preempted by federal ERISA legislation where none of plaintiff's claims raised any of the concerns Congress sought to address by the ERISA. These claims arose from the difference between the disability benefits plaintiff received and representations made to him; among other things, these claims involved defendants who are not plan administrators or fiduciaries.
Appeal by plaintiff from order entered 19 March 2004 by Judge W. David Lee in Cabarrus County Superior Court. Heard in the Court of Appeals 16 February 2005.
Browne, Flebotte, Wilson, Horn & Webb, PLLC, by Martin J. Horn and Adam A. Smith, for plaintiff-appellant.
Parker, Poe, Adams & Bernstein, L.L.P., by David N. Allen and Jennifer E. Marsh, for defendants-appellees.
JACKSON, Judge.
Richard Jarvis, ('plaintiff') appeals an order entered 19 March 2004 in Cabarrus County Superior Court dismissing, with prejudice as to further state proceedings, his complaint alleging breach of contract; detrimental reliance; negligence; negligent misrepresentation; and unfair or deceptive trade practices.
Plaintiff filed his initial complaint on 11 June 2003 and his first amended complaint and motion to amend complaint on 20 January 2004. The moti"