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WHITAKER v. TOWN OF SCOTLAND NECK

No. 49PA03.

597 S.E.2d 665 (2003)

357 N.C. 552

Donald Earl WHITAKER and Thomas Lee Whitaker, Jr., Co-Administrators of the Estate of Carlton Whitaker, Deceased, v. TOWN OF SCOTLAND NECK, C.T. Hasty, Individually and in his official capacity as Safety Director for the Town of Scotland Neck, and Douglas Braddy, Individually and in his official capacity as Public Works Superintendent for the Town of Scotland Neck.

Supreme Court of North Carolina.

November 7, 2003.

Attorney(s) appearing for the Case

Joynes & Gaidies Law Group, P.A., by Frank D. Lawrence, III, Virginia Beach, VA, for plaintiff-appellees.

Cranfill, Sumner & Hartzog, L.L.P., by Patrick H. Flanagan, Charlotte, Donna R. Rascoe, Edward C. LeCarpentier, III, and David H. Batten Raleigh, for defendant-appellants.

WAINWRIGHT, Justice.

The issue raised in the present appeal is whether plaintiffs presented sufficient evidence to trigger the narrowly defined Woodson exception to the general exclusivity provisions of the North Carolina Workers' Compensation Act (Act). See Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991); see also N.C.G.S. § 97-10.1 (2001) (excluding all rights and...

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