Valencia v. Freeland & Lemm Construction Co.

OPINION

ADOLPHO A. BIRCH, JR., J„

delivered the opinion of the court,

in which FRANK F. DROWOTA, III, C.J., and E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

The plaintiff, as next friend of Francisco Valencia, filed two causes of action against Valencia’s employer, the defendant, Free-land and Lemm Construction Company. The first is an action in tort alleging that the employer acted with “substantial certainty” in causing Valencia’s death. The other action is a claim for benefits under the Workers’ Compensation Law. 1 The trial court dismissed the tort claims. On…