Morse v. Curtis

The question here presented for decision is: Did the Court of Appeals err in affirming the trial judge’s action in overruling defendant’s pleas in bar and allowing plaintiff’s motion to strike defendant’s entire First Further Answer and Defense?

Defendant first contends that when plaintiff Patricia Morse filed her claim with the Industrial Commission and the defendant thereafter admitted liability, the North Carolina Industrial Commission was invested with exclusive jurisdiction. In support of this position defendant cites and relies upon G.S. 97-9 and G.S. 97-10.1. We quote both sections:

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