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WOODSON v. ROWLAND

No. 584A88.

407 S.E.2d 222 (1991)

329 N.C. 330

Susie Mae WOODSON, Administrator 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.

Supreme Court of North Carolina.

August 14, 1991.

Attorney(s) appearing for the Case

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

Poe, Hoof & Reinhardt by J. Bruce Hoof, Durham, and Poyner & Spruill by John L. Shaw, Raleigh, for defendants-appellees Neal Morris Rowland and Morris Rowland Utility, Inc.

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

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

EXUM, Chief Justice.

This is a wrongful death action arising from a work-related trench cave-in which killed Thomas Alfred Sprouse on Sunday, 4 August 1985. Plaintiff is the administrator of Sprouse's estate. The principal question is whether the exclusivity provisions of the Workers' Compensation Act limit plaintiff's remedies to those provided by the Act. The courts below concluded plaintiff was so limited in her choice of remedies. We disagree. Other issues in...

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