Burton v. Phoenix Fabricators & Erectors, Inc.

GEER, Judge.

Defendant Phoenix Fabricators and Erectors, Inc. (“Phoenix”) appeals from the denial of its Rule 12(b)(1) motion to dismiss the complaints of plaintiffs Jacinda Burton and Donna Davis, alleging negligence in the death of their husbands while working for Phoenix in North Carolina. Phoenix acknowledges that the order below is interlocutory, but nonetheless argues that immediate appellate review is justified based on the “exclusive remedy” workers’ compensation statute of the State of Indiana. Although Phoenix claims that the Indiana statute grants them “immunity from suit,” our…