Workers' Compensation § 62 (NCI4th) — Woodson claim — summary judgment for employer improper The decision of the Court of Appeals that the trial court properly entered summary judgment for defendant employer on plaintiff's Woodson claim is reversed for the reasons stated in the dissenting opinion except to the extent that it may be read as implying that actions authorized under Woodson v. Rowland, 329 N.C. 330 (1991) seek recovery for "intentional torts" in the true sense of that term. Plaintiffs in Woodson actions need only establish that the employer intentionally engaged in misconduct and that the employer knew that such misconduct was "substantially certain" to cause serious injury or death and, thus, the conduct was "so egregious as to be tantamount to an intentional tort."
Am Jur 2d, Workers' Compensation §§ 75-87.
What conduct is willful, intentional, or deliberate within workmen's compensation act provision authorizing tort action for such conduct. 96 ALR3d 1064.
PER CURIAM.
For the reasons stated in the dissenting opinion of Judge Wynn in this case, Owens v. W.K. Deal Printing, Inc., 113 N.C. App. 324, 328-32, 438 S.E.2d 440, 443-45 (1994), the decision of the Court of Appeals is reversed. To the extent that it may be read as implying that actions authorized under Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991), seek recovery for "intentional torts" in the true sense of that term, we do not accept the reasoning of Judge Wynn's dissent. We reemphasize that plaintiffs in Woodson actions need only establish that the employer intentionally engaged in misconduct and that the employer knew that such misconduct was "substantially certain" to cause serious injury or death and, thus, the conduct was "so egregious as to be tantamount to an intentional tort." Pendergrass v. Card Care, Inc., 333 N.C. 233, 239, 424 S.E.2d 391, 395 (1993).
REVERSED.