Swain v. Burlington Industries, Inc.

By Judge Samuel M. Hairston

There is before the Court for decision a special issue raised by the defendant, Burlington Industries, Inc., in its Grounds of Defense, namely, that the plaintiff’s claim is barred because his exclusive remedy is under the Workers’ Compensation Act in that the plaintiff at the time of his injury was a statutory employee of Burlington Industries, Inc.

The Court heard evidence on this issue, and the attorneys have furnished memoranda of law.

The Court is of the opinion that the issue can be decided looking primarily to the cases of Bassett Furniture Industries, Inc. v.…