Andrews v. Peters

BECTON, Judge.

This case is before our Court for the second time. On the initial appeal our Court, in Andrews v. Peters, 55 N.C. App. 124, 284 S.E. 2d 748 (1981), disc. rev. denied, 305 N.C. 395, 290 S.E. 2d 364 (1982), reversed the trial court’s granting of the defendant’s Rule 12(b)(1) motion and remanded the case for trial. Our Court held that the North Carolina Workers’ Compensation Act is not the exclusive remedy for an employee “intentionally injured” by a co-employee. An employee is thus free to assert an intentional tort action against a co-employee. Id. The co-employee immunity read…