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WOODSON v. ROWLAND

No. 8814SC148.

373 S.E.2d 674 (1988)

92 N.C. App. 38

Susie Mae WOODSON, Administratrix of the Estate of Thomas Alfred Sprouse, Deceased v. Neal Morris ROWLAND; Morris Rowland Utility, Inc.; Davidson & Jones, Inc.; and Pinnacle One Associates, a North Carolina Partnership.

Court of Appeals of North Carolina.

November 15, 1988.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith and Bryan E. Lessley, John T. Manning, Greensboro, for plaintiff-appellant.

Spears, Barnes, Baker, Hoof & Wainio by J. Bruce Hoof and Mark A. Scruggs, Durham, Poyner & Spruill by John L. Shaw, Raleigh, for Neal Morris Rowland and Morris Rowland Utility, Inc., defendant-appellees.

Smith Helms Mulliss & Moore by L.D. Simmons, II, Charlotte, for Davidson & Jones, Inc., defendant-appellee.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Grady S. Patterson, Jr. and David H. Batten, Raleigh, for Pinnacle One Associates, defendant-appellee.

EAGLES, Judge.

Plaintiff presents four issues on appeal. She first argues that Rowland Utility's actions in violating certain Occupational Safety and Health Administration (OSHA) safety regulations were so grossly negligent as to amount to an intentional assault on her decedent. She next argues that Rowland's individual actions were those of a co-employee rather than Sprouse's employer. She further contends that both D & J and Pinnacle breached a nondelegable...

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