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PENDERGRASS v. CARD CARE, INC.

No. 335PA91.

424 S.E.2d 391 (1993)

333 N.C. 233

Donald Ray PENDERGRASS and Sarah Perry Pendergrass v. CARD CARE, INC.; Carroll H. Gibson; Keith Lake; and Texfi Industries, Inc.

Supreme Court of North Carolina.

January 8, 1993.

Attorney(s) appearing for the Case

Blanchard, Twiggs, Abrams & Strickland, P.A., by Douglas B. Abrams, Raleigh, for plaintiffs appellants.

Hedrick, Eatman, Gardner & Kincheloe, by Edward L. Eatman, Jr. and G. Lee Martin, Charlotte, for defendant appellee Texfi Industries, Inc.

Haynsworth, Baldwin, Johnson and Greaves, P.A., by Charles P. Roberts III and Gregory P. McGuire, Greensboro, for defendants appellees Gibson and Lake.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog, by Grady S. Patterson, Jr., David H. Batten and Kari L. Russwurm, Raleigh, for defendant appellee Card Care, Inc.

Patterson, Harkavy, Lawrence, Van Noppen & Okun, by Donnell Van Noppen III, for North Carolina Academy of Trial Lawyers, Raleigh, amicus curiae.

WEBB, Justice.

We consider first the case against the defendants Gibson and Lake. Gibson and Lake were employees of Texfi, as was Mr. Pendergrass, at the time of the accident. Ordinarily, the plaintiffs' exclusive remedy would be a claim pursuant to the Workers' Compensation Act and they would not have a claim against Gibson or Lake in tort. Strickland v. King, 293 N.C. 731,

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