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FAGUNDES v. AMMONS DEVELOPMENT GROUP, INC.

No. COA16-776.

796 S.E.2d 529 (2017)

Francisco FAGUNDES and Desiree Fagundes, Plaintiffs, v. AMMONS DEVELOPMENT GROUP, INC.; East Coast Drilling & Blasting, Inc.; Scott Carle; and Juan Albino, Defendants.

Court of Appeals of North Carolina.

Filed: February 7, 2017.

Attorney(s) appearing for the Case

The Jernigan Law Firm, by Leonard T. Jernigan, Jr. , Raleigh, and Anthony L. Lucas , and Edwards Kirby, LLP, by William W. Plyler , Raleigh, for plaintiff-appellee.

Young Moore and Henderson, P.A., Raleigh, by Jay P. Tobin , for defendants-appellants.

The central issue in this appeal is whether employees injured while working in "ultrahazardous" jobs may sue their employers in the court system despite the provisions of the Workers' Compensation Act requiring those claims to be pursued at the Industrial Commission.

Plaintiff Francisco "Frank" Fagundes, who seeks to sue his...

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