Braxton v. Anco Electric, Inc.

ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting defendant’s motion to dismiss. For the reasons set forth below, we reverse the trial court’s order.

Under North Carolina law, the right of an employee to maintain a negligence action against persons other than the employer and those carrying out the employer’s business is governed by N.C. Gen. Stat. § 97-10.2 (1985) of the N.C. Workers’ Compensation Act. Bryant v. Dougherty, 267 N.C. 545, 148 S.E.2d 548 (1966). The Act provides for a right of action on behalf of an injured employee against a third party even…