Barrino v. Radiator Specialty Co.

I respectfully dissent. The primary issue before this Court is not, as the majority contends, whether the North Carolina Workers’ Compensation Act provides the exclusive remedy for an employee injured by the willful, wanton, and reckless negligence of his employer. The question we must decide is whether the trial court erred in granting summary judgment for the defendant-employer in view of evidence put forth by the plaintiff which creates a genuine issue of material fact concerning defendant’s subjective intent.

Summary judgment is properly granted when the pleadings, depositions, and…