Ritter v. Allied Chemical Corporation

HEMPHILL, District Judge.

Defendant seeks judgment on the pleadings as contemplated by Rule 12 (c) Federal Rules of Civil Procedure. It appears that the motion is timely. The essential question, however, is whether plaintiff’s sole and exclusive remedy is before the South Carolina Industrial Commission by virtue of the fact that the incidents referred to in the complaint, and out of which the accident arose, took place while she was at work on the premises of, and as an employee of, the defendant. If the exclusive remedy is under jurisdiction of the South Carolina Industrial Commission, this…