McAllister v. Cone Mills Corp.

PARKER, Judge.

The primary issue for consideration on this appeal is whether the Superior Court or the Industrial Commission has original subject matter jurisdiction of plaintiffs claim. We hold that original jurisdiction was vested in the Industrial Commission and affirm the trial court’s entry of summary judgment.

Plaintiff Laurene McAllister, executrix of the estate of decedent, Frank S. McAllister, instituted this wrongful death action on 21 March 1986. The complaint alleged that defendant, decedent’s employer, negligently required decedent to perform tasks which exposed decedent to known…