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Alford v. Catalytica Pharmaceuticals6/4/2002
nation.
The essential question on a motion under Rule 12(b)(6) "is whether the complaint, when liberally construed, states a claim upon which relief can be granted on any theory." Barnaby v. Boardman, 70 N.C. App. 299, 302, 318 S.E.2d 907, 909 (1984), rev'd on other grounds, 313 N.C. 565, 330 S.E.2d 600 (1985) (emphasis in original). When the complaint fails to allege the substantive elements of some legally cognizable claim, or where it alleges facts which defeat any claim, the complaint must be dismissed. See Hudson-Cole Dev. Corp. v. Beemer, 132 N.C. App. 341, 345-46, 511 S.E.2d 309, 312 (1999). We decide whether plaintiffs' Woodson claim was properly dismissed as barred by the statute of limitations.
If a Woodson claim is considered to be an intentional tort, it is governed by the one-year statute of limitations pursuant to N.C.G.S. § 1-54(3) (1999) and dismissal was appropriate. On the other hand, if a Woodson claim is not an intentional tort, it is governed by the three-year statute of limitations pursuant to N.C.G.S. § 1-52(5) (1999) and dismissal was improperly granted. We hold that a claim pursuant to Woodson is governed by the one-year statute of limitations in N.C.G.S. § 1-54(3).
Our Supreme Court in Woodson held that "when an 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, that employee, or the personal representative of the estate in case of death, may pursue a civil action against the employer. Such misconduct is tantamount to an intentional tort, and civil actions based thereon are not barred by the exclusivity provisions of the [Workers' Compensation] Act." Woodson, 329 N.C. at 340-41, 407 S.E.2d at 228. The Court acknowledged that the Workers' Compensation Act ("Act") seeks to balance the competing interests between employers and their employees and implements trade-offs by: (1) providing an injured employee certain and sure recovery without having to prove negligence or face affirmative defenses, and also (2) limiting the recovery available for compensable injuries and removing the employee's right to pursue potentially larger damages awards in civil actions against the employer. Id. at 338, 407 S.E.2d at 227 (citing Pleasant v. Johnson, 312 N.C. 710, 712, 325 S.E.2d 244, 246-47 (1985)).
Our Supreme Court distinctly noted that in Pleasant the doctrine of "constructive intent" has been applied to willful and wanton conduct. Id. at 342, 407 S.E.2d at 229. "Constructive intent to injure may provide the mental state necessary for an intentional tort." Pleasant, 312 N.C. at 715, 325 S.E.2d at 248. While willful and wanton misconduct is sufficient for holding a co-employee civilly liable, civil actions against employers require more aggravated conduct than willful and wanton in "keeping with the statutory workers' compensation trade-offs." Woodson, 329 N.C. at 342, 407 S.E.2d at 229. Substantial certainty is a higher threshold which "serv as a deterrent to intentional wrongdoing and promoting safety in the workplace." Id.
In adopting the substantial certainty standard, our Supreme Court cited cases from Louisiana, Michigan, Ohio, and South Dakota. Id. at 342-43, 407 S.E.2d at 229-30. We turn to these jurisdictions for their treatment of such claims.
The workers' compensation statutes in Ohio provides that an action for an employment intentional tort shall be brought within one year of the date on which the employee knew or through exercise of reasonable diligence should have known of the injury, condition or disease. See Christian v. The Scotts Co., 710 N.E.2d 1182, 1184 (Ohio App. 1998) (citing
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