NORTH CAROLINA CHIROPRACTIC ASSOCIATION, INC., Dr. Robert Hay, Dr. Fletcher G. Keith, Dr. John T. Tierney, Dr. Dean R. Kenny, Dr. Joe Case, Dr. Phillip Van Campen, Dr. Gary Dackor, Dr. James Watkins and Dr. Joseph Duffy
v.
AETNA CASUALTY & SURETY CO., Amerisure Insurance Co., Crawford & Company, Hartford Accident & Indemnity Co., the Home Insurance Co., Liberty Mutual Insurance Co., the Shelby Mutual Insurance Company and United States Fidelity and Guaranty Co.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
March 1, 1988.
March 1, 1988.
Attorney(s) appearing for the Case
Smith, Patterson, Follin, Curtis, James and Harkavy by Norman B. Smith and Martha A. Geer, Greensboro, and Carl J. Stewart, Gastonia, for plaintiffs-appellants.
Moore and Van Allen by Joseph W. Eason, Donald S. Ingraham, and Denise Smith Cline, Raleigh, for defendant-appellee Hartford Acc. & Indem. Co.
Hedrick, Eatman, Gardner and Kincheloe by J.A. Gardner, III, Charlotte, and LeBoeuf, Lamb, Leiby and MacRae by David Turetsky, Raleigh, for defendant-appellee Home Ins. Co.
Golding, Crews, Meekins and Gordon by Henry C. Byrum, Jr., and Michael K. Gordon, Charlotte, for defendant-appellee Liberty Mut. Ins. Co.
Underwood, Kinsey and Warren by Ralph C. Kinsey, Jr., Charlotte, for defendant-appellee Aetna Cas. & Sur. Co.
Parker, Poe, Thompson, Bernstein, Gage and Preston by Kevin A. Dunlap, Charlotte, for defendant-appellee Amerisure Ins. Co.
Kennedy, Covington, Lobdell and Hickman by F. Fincher Jarrell, Charlotte, for defendant-appellee Crawford & Co.
Wade and Carmichael by R.C. Carmichael, Jr., Charlotte, for defendant-appellee Shelby Mut. Ins. Co.
Stott, Hollowell, Palmer and Windham by James C. Windham, Jr., Gastonia, for defendant-appellee U.S. Fid. and Guar. Co.
Court of Appeals of North Carolina.
PARKER, Judge.
The sole issue presented for review by this appeal is whether the trial court erred in dismissing plaintiffs' complaint for lack of subject matter jurisdiction. Plaintiffs contend that the Industrial Commission does not have exclusive jurisdiction over their claims, and that said claims are within the subject matter jurisdiction of the superior court. Plaintiffs further argue that the superior court must assert jurisdiction over their claims because...
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