A strong result under the Workers’ Compensation Act framework

We’re proud to recognize Litigation team members Matt Little and Kasey McCalla for a favorable outcome on a motion for summary judgment regarding co-employee liability for a workplace injury.

Case background: An independent third party overfilled a large gasoline storage tank, presenting what two employees believed was an emergency situation.  A sequence of events during an attempted transfer of fuel led to a fire and catastrophic injuries. Plaintiff filed a lawsuit against his co-employee pursuant to Pleasant v. Johnson. While the Plaintiff’s injuries were severe, the central legal question was whether the Defendant’s conduct at issue could be treated as something more than a tragic workplace accident.

The North Carolina Workers’ Compensation Act provides a guaranteed remedy for workplace injuries suffered by an employee on the job and contains an exclusive remedy provision creating statutory immunity for any potential claims. In 1985, the North Carolina Supreme Court set forth a narrow exception for co-employees to bring a lawsuit against a defendant for conduct so egregious that it amounts to willful, wanton and reckless conduct rising beyond gross negligence to a level akin to constructive intent.

Our team’s argument – and what the court found persuasive: Matt and Kasey focused the court on what the discovery showed: there was no evidence of an intent, actual or constructive to harm the plaintiff, and even the plaintiff acknowledged the incident was the result of a “freak accident.”  Because the defendant assisted in remedying the situation they both believed the situation to be an emergency and the defendant was exposed to the same risks as the plaintiff, distinguishable from successful Pleasant claims.  Thus, the actions of the defendant did not amount to willful. Wanton and reckless behavior and was entitled to statutory immunity under the Workers’ Compensation Act.

Why this matters: Cases testing the Pleasant v. Johnson exception are fact-intensive and often high-stakes. This result reinforces the high burden on a plaintiff to overcome co-employee statutory immunity and highlights the importance of carefully developing the factual record early to position a case for a persuasive summary judgment argument especially in cases involving extraordinary injuries and emotionally charged circumstances.

Congratulations again to Matt Little and Kasey McCalla on a well-earned win and outstanding advocacy for our client.

Note: This post is for general informational purposes only and does not constitute legal advice; outcomes depend on the specific facts and applicable law.