Wiggins v. Pelikan, Inc.

MARTIN, Judge.

Plaintiff appeals from a judgment directing a verdict in favor of defendant and dismissing plaintiffs action for damages for personal injury. In her complaint, plaintiff alleged that while employed by defendant, she sustained an on-the-job injury as a result of defendant’s intentional conduct which it knew or should have known was substantially certain to cause serious injury or death to an employee. Defendant Pelikan, Inc. (Pelikan) denied the material allegations of the complaint and asserted as an affirmative defense, the exclusivity provisions of Chapter 97 of the North…