Legal Opinion

Buie v. Daniel International Corp.

Court of Appeals of North Carolina

Decided March 16, 1982No. 8110SC494PublishedCited by 62 opinions

1Opinion of the Court

ARNOLD, Judge.

In this case we are called upon first to decide whether punitive damages may be recovered in an action based on an employee’s discharge for seeking workers’ compensation benefits.

Plaintiff argues that the trial court erred in granting defendants’ motion to dismiss plaintiffs punitive damages claim, contending that N.C.G.S. 97-6.1 does not preclude an award of punitive damages. We disagree.

As plaintiff correctly points out, G.S. 97-6.1 was passed by the legislature in response to this Court’s holding in Dockery v. Table Co., 36 N.C. App. 293, 244 S.E. 2d 272 (1978). The Dockery…

2Cases cited2 opinions

  1. Dockery v. Lampart Table Co.Court of Appeals of North Carolina · 1978
  2. State Ex Rel. Edmisten v. J. C. Penney Co.Supreme Court of North Carolina · 1977

3Cited by62 opinions

  1. Dalton v. CampSupreme Court of North Carolina · 2001
  2. Anderson v. Sara Lee Corp.Court of Appeals for the Fourth Circuit · 2007
  3. Hajmm Co. v. House of Raeford Farms, Inc.Supreme Court of North Carolina · 1991
  4. Belk, Incorporated v. Meyer Corporation, U.S.Court of Appeals for the Fourth Circuit · 2012
  5. Quality Auto Parts Co. v. Bluff City Buick Co.Tennessee Supreme Court · 1994

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