Legal Opinion
Sneed v. Carolina Power & Light Co.
Court of Appeals of North Carolina
Decided March 15, 1983No. 8210SC386PublishedCited by 3 opinions
1Opinion of the Court
EAGLES, Judge.
Plaintiff challenges the granting of defendant’s Rule 12(b)(1), (6) and (7) motions to dismiss contending that the claim of a wife for loss of consortium, where her injured husband is entitled to compensation under the Workers’ Compensation Act, is not barred by the provisions of G.S. 97-10.1. We disagree.
Jurisdiction lies in the trial court for “all actions for personal injuries due to negligence, except insofar as it has been deprived of such jurisdiction by statute.” Bryant v. Doughterty, 267 N.C. 545, 549-50, 148 S.E. 2d 548, 552 (1966). Here the trial court has been…
2Cases cited9 opinions
- Silver v. SilverSupreme Court of the United States · 1929
- Nicholson v. Hugh Chatham Memorial Hospital, Inc.Supreme Court of North Carolina · 1980
- Bryant v. DoughertySupreme Court of North Carolina · 1966
- Lee v. . American Enka Corp.Supreme Court of North Carolina · 1937
- R. E. Sheehan Co. v. ShulerSupreme Court of the United States · 1924
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3Cited by3 opinions
- Reece v. ForgaCourt of Appeals of North Carolina · 2000
- Derosia v. Book Press, Inc.Supreme Court of Vermont · 1987
- Mardian Const. Co. v. Sup. Court, Maricopa Cty.Court of Appeals of Arizona · 1988