Exclusivity of Workers’ Compensation Remedy

17 Feb 2017 3:30 PM | Lynette Pitt (Administrator)

In Fagundes v. Ammons Development, et al, __ N.C. App. __, __ S.E.2d __ (2017) (2017 WL 495573), a unanimous decision from the North Carolina Court of Appeals issued February 7, 2017, the Court reversed and remanded the lower court’s denial of summary judgment in favor of the defendants employer/co-workers on plaintiff employee’s strict liability claims and held that there is no exception to the exclusivity of the Worker’s Compensation Act for strict liability claims against employer/co-workers by employees injured while employed by a blasting company and engaged in blasting, an ultrahazardous activity. The Court also reversed and remanded the denial of summary judgment on plaintiff’s Pleasant claim.

Jay P. Tobin of Young Moore & Henderson, P.A. represented the employer/co-worker defendants in the lower court and on the appeal.

Powered by Wild Apricot Membership Software