Lorene W. Byrd v. Fieldcrest Mills, Inc.

Alleging that the defendants’ negligent violation of the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., was the proximate cause of her intestate’s death, the plaintiff instituted this action for damages in the district court. Since, concededly, plaintiff’s intestate died as the result of injuries sustained in an accident arising out of and in the course of his employment with the defendant, Fieldcrest Mills, Inc., which was covered under the North Carolina Workmen’s Compensation Act, the district court concluded that 29 U.S.C. § 653(b)(4) 1 precluded a private remedy and…