DANIELS v. SWOFFORD

No. 8122SC476.

286 S.E.2d 582 (1982)

Donna DANIELS, Plaintiff, v. James E. SWOFFORD, Individual Defendant, and Dermox, Inc., Corporate Defendant.

Court of Appeals of North Carolina.

February 2, 1982.


Attorney(s) appearing for the Case

V. Edward Jennings, Jr., Taylorsville, for plaintiff-appellant.

McElwee, Hall, McElwee & Cannon, by John E. Hall, North Wilkesboro, for defendants-appellees.


VAUGHN, Judge.

At issue is whether the trial court has subject matter jurisdiction over plaintiff's claim or whether the Industrial Commission has exclusive jurisdiction. We conclude that the Workers' Compensation Act precludes plaintiff from seeking recovery from the corporate employer. Plaintiff, however, does have the right to bring a tort action against the assaultive coemployee. Summary judgment in favor of that defendant was improperly granted.

We must...

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