Pendergrass v. Card Care, Inc.

WEBB, Justice.

We consider first the case against the defendants Gibson and Lake. Gibson and Lake were employees of Texfi, as was Mr. Pendergrass, at the time of the accident. Ordinarily, the plaintiffs’ exclusive remedy would be a claim pursuant to the Workers’ Compensation Act and they would not have a claim against Gibson or Lake in tort. Strickland v. King, 293 N.C. 731, 239 S.E.2d 243 (1977).

The plaintiffs contend that they have claims against Gibson and Lake under Pleasant v. Johnson, 312 N.C. 710, 325 S.E.2d 244 (1985), which held that there is an exception to the exclusivity rule as to…