Woodson v. Rowland

In Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991), the North Carolina Supreme Court enunciated a limited exception to the exclusivity provisions of the Workers' Compensation Act and held that an employee may pursue a civil action against his or her employer in situations in which the employer "intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct." Woodson at 340, 407 S.E.2d at 228. The courts have defined "substantial certainty" as "more than the 'mere possibility' or 'substantial probability' of serious injury or death, . . . but less than 'actual certainty.'" Pastva v. Naegele Outdoor Advertising, 121 N.C. App. 656, 658-59, 468 S.E.2d 491, 493 (1996).