Barrino v. Radiator Specialty Co.

• Decision Date: 18 February 1986
• Docket Number: No. 439A84,439A84
• Citation: 315 N.C. 500,340 S.E.2d 295
• Parties: Earl J. BARRINO, Administrator of the Estate of Lora Ann Barrino v. RADIATOR SPECIALTY COMPANY.
• Court: North Carolina Supreme Court

Page 295

340 S.E.2d 295

315 N.C. 500

Earl J. BARRINO, Administrator of the Estate of Lora Ann Barrino v. RADIATOR SPECIALTY COMPANY.

No. 439A84.

Supreme Court of North Carolina.

Feb. 18, 1986.

Chambers, Ferguson, Watt, Wallas & Adkins, P.A. by Melvin L. Watt, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by James P. Crews, and Weinstein, Sturges, Odom, Groves, Bigger, Jonas & Campbell, P.A. by John J. Doyle, Jr., Charlotte, for defendant-appellee.

MEYER, Justice.

The primary issue before this Court is whether the North Carolina Workers' Compensation Act provides the exclusive remedy when an employee is injured in the course of his or her employment by the willful, wanton and reckless negligence of the employer. We hold that the Act is the exclusive remedy and that the employee may not bring a civil action against the employer for injuries received as a result of such negligence. Accordingly, we affirm the decision of the Court of Appeals which affirmed the trial court's entry of summary judgment in favor of the defendant-employer.

The defendant, Radiator Specialty Company is the owner and operator of a manufacturing plant located at Indian Trail, North Carolina. On 26 November 1980 Lora Ann Barrino was working at the plant as an employee of defendant. At approximately 9:05 a.m. an explosion and fire occurred at the plant which resulted in severe second and third degree burns over seventy per cent of Miss Barrino's body. She lived for approximately fourteen days thereafter but died on 10 December 1980 as a result of injuries sustained in the explosion and fire. At the time of her death, Miss Barrino was unmarried and had no children. She was survived by her parents, Earl J. and Christine Barrino, who were the only persons entitled to receive workers' compensation death benefits and were also the sole heirs and distributees of Miss Barrino under the North Carolina law of intestate succession. The parents applied for and received the death benefits of $29,028.30, which were paid to them by defendant's workers' compensation insurance carrier. The carrier also paid $170.68 in lost wages, $35,542.50 for medical expenses, $1,000.00 for burial expenses and $3,300.00 for attorneys fees, for a total of $69,041.48.

Miss Barrino's father, Earl J. Barrino, was appointed administrator of her estate. After the workers' compensation benefits were paid, and within two years of his intestate's death, the plaintiff-administrator filed this civil action against the defendant-employer seeking compensatory damages for injuries, pain and suffering, lost wages, medical expenses, and other losses incurred by the intestate, recovery for wrongful death and punitive damages.

The allegations concerning the specific acts of the defendant-employer complained of and of proximate cause are found in paragraphs 6, 7 and 8 of the complaint and are as follows:

6. At the time and place set out above, the defendant recklessly, wantonly, willfully, intentionally and with reckless disregard of the rights and safety of plaintiff's intestate or with full knowledge and actual intent that defendant's willful misconduct would expose plaintiff's intestate to serious injury, harm or death:

a) designed, constructed, located, installed and operated equipment used in handling, storing and utilizing liquified petroleum gases at its Indian Trail plant and facilities without inspections and approvals required by law and in a wantonly and willfully dangerous manner in violation of Section 119-48 et seq. of the North Carolina General Statutes and rules and regulations promulgated pursuant thereto;

b) at its plant and facilities at Indian Trail, North Carolina at which ignitable concentrations of flammable gases or vapors existed and at which volatile flammable liquids and flammable gases were handled, processed and used, defendant:

(1-6) [Here there appear in the complaint, in six separately numbered sub-paragraphs, allegations of acts of the defendant-employer said to violate the National Electrical Code and the Occupational Safety and Health Act of North Carolina (OSHANC).]

c) covered meters designed to detect and warn of dangerous and explosive gas and vapor levels in the Indian Trail plant and facility with plastic bags to assure that said meters would not warn plaintiff's intestate and other employees of the dangers then and there existing;

d) turned off alarms which sounded to warn of dangerous and explosive gas and vapor levels in the Indian Trail plant and facility and instructed plaintiff's intestate and other employees to resume work despite the sounding of the alarms and after the alarms had been disengaged; and

e) failed to provide a safe work place in which plaintiff's intestate and other employees could work without fear of harm and injury and took affirmative, wanton, reckless and intentional steps as heretofore set forth to create dangerous working conditions for plaintiff's intestate and other employees.

7. As the sole, direct and proximate consequence of the reckless, wanton, willful and intentional acts of defendant as heretofore set forth, defendant's plant exploded and burned on November 26, 1980 and the plaintiff's intestate received serious, painful and disfiguring bodily injuries causing medical expenses in excess of $35,000.00, lost income and other expenses.

8. As the sole, direct and proximate consequence of the reckless, wanton, willful and intentional acts of defendant as heretofore set forth the plaintiff's intestate died on December 10, 1980.

The defendant filed an answer alleging five defenses: (1) the complaint fails to state a claim against the defendant upon which relief could be granted; (2) a general denial of any negligent or intentional act and that any such act proximately caused the deceased's injuries; (3) that the plaintiff's intestate and the defendant-employer were at all times subject to and complied with the provisions of the North Carolina Workers' Compensation Act and that the right and benefits provided to plaintiff's intestate under the Act are exclusive and plaintiff is not entitled to pursue, and is barred absolutely from pursuing, a civil action against defendant pursuant to N.C.G.S. § 97-10.1; (4) the plaintiff, as personal representative, has applied for and received all medical and burial benefits due under the Act and has thus made a binding election of remedies which precludes him as a matter of law from pursuing the civil action; and (5) the plaintiff and his wife, as parents of the deceased are the only persons entitled to receive the compensation for death benefits pursuant to the Act and are also the sole heirs and distributees of the deceased under the law of intestate succession and having applied for and received the death benefits, paid by defendant's workers' compensation carrier, plaintiff is precluded and estopped from pursuing the civil action.

In response to the defendant-employer's Request For Admissions, the plaintiff-administrator admitted inter alia existence of the employee-employer relationship; compliance with and coverage under the Act; payment of all the amounts alleged in defendant's answer by defendant's carrier in satisfaction of the workers' compensation claims of Lora Ann Barrino, her next of kin, heirs, personal representative and estate; that plaintiff and his wife were the only parties entitled to receive the death benefits under the Act and that they had applied for and received those benefits.

Thereafter, defendant filed a Motion For Summary Judgment alleging that there was no genuine issue as to any material fact on the following grounds: (1) in light of the parties' compliance with and coverage under the Act at the time the fatal injuries were incurred, the action is barred absolutely by the exclusivity provisions of the Act; (2) even if the complaint was construed to allege an intentional assault on plaintiff's intestate, those entitled to recovery had applied for and received full benefits under the Act and thus a binding election of remedies had been made and the receipt of benefits by the plaintiff and all others entitled to proceeds of any judgment in the civil action constitutes a bar to the action. The motion was specifically based on the pleadings and responses of the plaintiff to defendant's request for admissions.

The summary judgment motion came on for hearing before Judge Griffin and he granted summary judgment in favor of the defendant-employer and dismissed the action with prejudice on 23 March 1983. The plaintiff-administrator appealed to the Court of Appeals which affirmed the summary judgment. Barrino v. Radiator Specialty Co., 69 N.C.App. 501, 317 S.E.2d 51 (1984).

We first examine the question of whether, when compliance with and coverage under our Workers' Compensation Act exist, an injured employee may bring a civil action against the employer to recover damages for his injuries caused by the willful and wanton negligence of the employer.

The provisions of the North Carolina Workers' Compensation Act pertinent to this question are N.C.G.S. § 97-9 and § 97-10.1. N.C.G.S. § 97-9 provides:

Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees in the manner hereinafter provided; and while such security remains in force, he or those conducting his business shall only be liable to any employee for personal injury or death by accident to the extent and in the manner herein specified.

N.C.G.S. § 97-10.1 provides:

If the employee and the employer are subject to and have complied with the provisions of this Article, then rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights and remedies of the employee, his dependents, next of kin, or representative as against the employer at common law or otherwise on account of such injury or death. (...