Trivette v. Yount

735 S.E.2d 306, 366 N.C. 303, 2012 N.C. LEXIS 1000
Supreme Court of North Carolina·Decided December 14, 2012·No. No. 32A12·Published·Cited by 17 cases

Opinions

EDMUNDS, Justice.

In this case, we consider the nature of the working relationship between Peter Edward Yount (defendant), the principal of William Lenoir Middle School, and Joan E Trivette (plaintiff), who was a part-time secretary and office assistant at the school. Plaintiff claimed that she was injured on the job as a result of defendant’s negligence. [305] Although we find that plaintiff and defendant were co-employees, allowing plaintiff to sue defendant personally under the exception to the Workers’ Compensation Act’s exclusivity provision established in Pleasant v. Johnson, 312 N.C. 710, 325 S.E.2d 244 (1985), we nevertheless conclude that plaintiff has failed to present sufficient evidence to survive defendant’s motion for summary judgment. Accordingly, we affirm the decision of the Court of Appeals affirming the trial court’s denial of defendant’s motion to dismiss, but reverse the decision of the Court of Appeals affirming the trial court’s denial of defendant’s motion for summary judgment.

On 24 October 2008, plaintiff was sprayed “about her head and upper body” when a fire extinguisher defendant was handling abruptly discharged. Following the incident, plaintiff filed a complaint against defendant, alleging gross negligence and loss of consortium on the part of plaintiff’s husband, who is also a plaintiff in this case.1 In her complaint, plaintiff alleged that defendant “willfully and wantonly engag[ed] in reckless behavior” when he was “joking and horse playing around with the fire extinguisher,” causing it to spray her. Plaintiff further alleged that the spraying aggravated a preexisting medical condition that had been in remission.

Defendant denied plaintiff’s claim. On 8 October 2010, defendant filed a motion to dismiss under Rule of Civil Procedure 12(b)(1) in which he contended that the trial court lacked subject matter jurisdiction because the North Carolina Workers’ Compensation Act (“the Act”) provides the exclusive remedy for plaintiff’s claim. In this motion, defendant also sought summary judgment, arguing that “the conduct alleged by the [plaintiffs does not rise to the level of willful, wanton and reckless:” The trial court denied both motions on 15 November 2010, and defendant appealed to the Court of Appeals.

In a divided opinion, the Court of Appeals majority first determined that defendant’s interlocutory - appeal affects a substantial right, allowing the court to consider defendant’s arguments. Trivette v. Yount, — N.C. App. —, —, 720 S.E.2d 732, 734-35 (2011). The majority then turned to the merits of defendant’s motions and noted that, in most instances, the Act, N.C.G.S. §§ 97.1 to -101.1 (2011), is the exclusive remedy for an employee injured on the job. See N.C.G.S. §§ 97-9, -10.1 (together, “the exclusivity provision”). As a result of the [306] exclusivity provision, “ ‘[a]n employee cannot elect to pursue an alternate avenue of recovery, but is required to proceed under the Act with respect to compensable injuries.’ ” Trivette, _ N.C. App. at _, 720 S.E.2d at 736 (quoting McAllister v. Cone Mills Corp., 88 N.C. App. 577, 580, 364 S.E.2d 186, 188 (1988)).

The majority in Trivette correctly noted that this Court has recognized two exceptions to the exclusivity provision of the Act. Id. at —, 720 S.E.2d at 736. The first exception arises when a co-employee acts in a willful, wanton, and reckless manner, allowing an injured plaintiff to seek recovery from the co-employee in a common law action. Pleasant, 312 N.C. at 716-17, 325 S.E.2d at 249-50. Under the second exception, if an employer “intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death” and that conduct causes injury or death, a plaintiff can pursue a civil action against his or her employer. Woodson v. Rowland, 329 N.C. 330, 340, 407 S.E.2d 222, 228 (1991). Because plaintiff did not allege a Woodson claim, the Court of Appeals considered only the applicability of the Pleasant exception to the facts at bar. See Trivette, — N.C. App. at —, 720 S.E.2d at 736. This inquiry required the Court of Appeals to determine whether defendant was plaintiff’s co-employee, in which case Pleasant could apply, or plaintiff’s employer, in which case the exclusivity provision of the Act would foreclose plaintiff’s suit. Id. at —, 720 S.E.2d at 736.

The majority observed that, although a school principal is statutorily classified as the “ ‘executive head of the school,’ ” N.C.G.S. § 115C-5(7) (2011), “executive” and “employer” are not synonymous terms. Trivette, — N.C. App. at —, 720 S.E.2d at 736. After reviewing several statutes relating to school administration and school administrators, the majority determined that a principal acts as the supervisor of the school, with duties that include overseeing office assistants such as plaintiff. Id. at —, 720 S.E.2d at 736. The majority also noted that both defendant and plaintiff were paid by the local school board and were considered employees of the school board. Id. at —, 720 S.E.2d at 736-37.

These factors led the majority to conclude that defendant “is more properly classified as [plaintiff’s] ‘immediate supervisor’ ” than as her employer, and thus defendant is plaintiff’s co-employee for purposes of the Act. Id. at —, 720 S.E.2d at 737. Concluding that the Pleasant exception applies, allowing plaintiff to pursue her negligence claim against defendant, the majority affirmed the trial court’s denial of defendant’s motion to dismiss. Id. at —, 720 S.E.2d at 737.

[307] The dissent disagreed with the majority’s characterization of defendant as a “co-employee” and argued that the classification of a school principal should be similar to that of a superintendent because both are public officers who are agents of the school board. Id. at —, 720 S.E.2d at 738-39 (Elmore, J., dissenting). The dissent would have held that, as an agent, the principal is an “ ‘alter-ego’ of the school board” and thus should be considered plaintiff’s employer. Id. at —, 720 S.E.2d at 739. As plaintiff’s employer, defendant would fall within the exclusivity provision of the Act. Id. at —, 720 S.E.2d at 739.

Defendant appealed on the basis of the dissent, and we allowed his petition for discretionary review of additional issues. For the reasons that follow, we affirm in part and reverse in part.

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Trivette v. Yount, 735 S.E.2d 306, 366 N.C. 303, 2012 N.C. LEXIS 1000 (N.C. 2012).

735 S.E.2d 306 (Trivette v. Yount) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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