Wood v. Guilford County, 355 N.C. 161

558 S.E.2d 490 (2002) · Supreme Court of North Carolina · February 1, 2002 · No. No. 318PA01

Summary

The Supreme Court of North Carolina considered whether the Workers' Compensation Act provided the exclusive forum for an AOC employee injured in an assault at a county courthouse. The court held that Guilford County was a stranger to the plaintiff's employment and that the Industrial Commission therefore did not have exclusive jurisdiction. It nevertheless held that the public duty doctrine barred the plaintiff's negligence claim against the County, while expressing no opinion on the claim against the private security company.

Holdings

  1. The Workers' Compensation Act did not make the Industrial Commission the exclusive forum for Wood's negligence action against Guilford County because the County was a stranger to the employment relationship between Wood and the State of North Carolina.
  2. The public duty doctrine applies to a local government's provision of courthouse security when the security function is intended to protect the public generally from criminal conduct.
  3. Neither the special-relationship exception nor the special-duty exception applied because Wood's courthouse employment did not create a special relationship, and she did not allege an actual promise of protection, reasonable reliance, and causation.
  4. The court did not reach governmental immunity or the alleged waiver because the public duty doctrine defeated the negligence claim at the threshold.

Questions Presented

  1. Whether the North Carolina Workers' Compensation Act provided the exclusive remedy and required Wood to pursue the action before the Industrial Commission.
  2. Whether the public duty doctrine barred Wood's negligence claim against Guilford County for injuries caused by a third party's criminal assault.
  3. Whether Wood's status as an Administrative Office of the Courts employee working in the courthouse established a special relationship or whether the County's provision of security created a special duty.
  4. Whether the County's alleged waiver of governmental immunity permitted the negligence claim to proceed.

Disposition

reversed_and_remanded

Cases Cited (20)

  • Lemmerman v. A.T. Williams Oil Co., 318 N.C. 577, 350 S.E.2d 83 (1986)(followed)
  • Bryant v. Dougherty, 267 N.C. 545, 148 S.E.2d 548 (1966)(followed)
  • Pleasant v. Johnson, 312 N.C. 710, 325 S.E.2d 244 (1985)(followed)
  • Hicks v. Guilford Cty., 267 N.C. 364, 148 S.E.2d 240 (1966)(followed)
  • Strickland v. King, 293 N.C. 731, 239 S.E.2d 243 (1977)(followed)
  • Jackson v. Bobbitt, 253 N.C. 670, 117 S.E.2d 806 (1961)(followed)
  • Warner v. Leder, 234 N.C. 727, 69 S.E.2d 6 (1952)(overruled in part)
  • Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991)(overruled in part)
  • Lynn v. Overlook Dev., 98 N.C. App. 75, 389 S.E.2d 609 (1990), aff'd in part and rev'd in part, 328 N.C. 689, 403 S.E.2d 469 (1991)(followed)
  • Florence v. Goldberg, 44 N.Y.2d 189, 404 N.Y.S.2d 583, 375 N.E.2d 763 (1978)(persuasive)

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