VALENZUELA v. PALLET EXPRESS, INC.

No. COA10-87.

700 S.E.2d 76 (2010)

Luis Castaneda VALENZUELA, as Personal Representative of the Estate of Nery Castaneda Valenzuela, Deceased, Plaintiff, v. PALLET EXPRESS, INC., Mark Shropshire, individually, and Michael Briggs, individually, Defendants.

Court of Appeals of North Carolina.

October 5, 2010.


Attorney(s) appearing for the Case

Mauriello Law Offices, P.C., by Christopher D. Mauriello , Cornelius, and Leslie C. Rawls , Charlotte, for plaintiff-appellant.

Teague Campbell Dennis & Gorham, L.L.P., by J. Matthew Little and Rebecca A. Rausch , Raleigh, for defendant-appellee Pallet Express, Inc.

Tuggle, Duggins & Meschan, P.A., by Jeffery S. Southerland , Greensboro, for defendants-appellees Mark Shropshire and Michael Briggs.


BRYANT, Judge.

Where the personal representative of the estate of an employee killed in a workplace accident failed to forecast evidence which would support his wrongful death claims under the Woodson and Pleasant v. Johnson exceptions to the exclusivity provisions of the Worker's Compensation Act, the trial court's grant of summary judgment to employer and co-worker defendants was proper.

Facts

This case arises from a wrongful...

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