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Bruno v. Concept Fabrics9/19/2000
Appeal by plaintiff from judgment entered 25 February 1999 by Judge Melzer A. Morgan, Jr., in Randolph County Superior Court. Heard in the Court of Appeals 14 August 2000.
On 17 October 1995, Teresa Bruno (plaintiff) was injured while operating a picker machine in the course and scope of her employment with the defendant Concept Fabrics, Inc. and under the supervision of the defendant R.A. Gleissner. As a result of her injuries, plaintiff's arm had to be amputated. Plaintiff brought this action seeking compensatory and punitive damages from both Concept Fabrics, Inc. and Gleissner. The trial court entered summary judgment for both Concept Fabrics, Inc. and Gleissner, and plaintiff appealed.
Plaintiff contends that there are disputed factual issues in this case which prevent the entry of summary judgment. As to defendant Gleissner, plaintiff alleges a claim pursuant to the decision of our Supreme Court in Pleasant v. Johnson, 312 N.C. 710, 325 S.E.2d 244 (1985). Further, plaintiff alleges that defendant Concept Fabrics, Inc. is liable for damages pursuant to the holding of the Supreme Court in Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991). We will discuss separately the propriety of summary judgment as to each defendant.
I. Defendant R.A. Gleissner
Concept Fabrics, Inc. (Concept), operates a textile mill in Randolph County, North Carolina. Plaintiff began work at the plant in June 1994. On 16 June 1994, plaintiff signed her employer's Substance Abuse Policy, which included the following paragraph:
It is also against the company's policy to report to work under the the influence of intoxicants such as alcohol or illegal or unprescribed drugs, as well as prescribed drugs which induce an unsafe mental or physical state. Employees who violate this policy will be subject to disciplinary action, up to and including termination.
On 17 October 1995, plaintiff was operating a "picker" machine, which breaks up fibers in order to spin and weave them into fabric. The machine uses a moving drum and rollers to break up the clumps of fibers. The processed material, known as "sliver," goes first to the carding department and then to the spinners. During processing, the material sometimes "laps," or gets caught up on the drum or rollers and must be cut off with a utility knife. The proper method of removing "the lap" is to disengage the machine and either remove the lap by hand or through the use of the operator's utility knife.
Plaintiff's shift began at 3 o'clock p.m. on 17 October 1995. Earlier that day, plaintiff visited her physician. Plaintiff had been experiencing marital problems, and the physician prescribed Amitriptyline, an antidepressant, and Ativan, "nerve pills," for her. Plaintiff took Ativan prior to arriving at her work site. Plaintiff's physician advised her not to operate heavy machinery while taking the Ativan, as did the pharmacist who filled the prescription. A leaflet which accompanied the prescription also warned the user against operating heavy machinery during its use. Plaintiff testified in her deposition that she read and understood the leaflet prior to arriving at work. When she arrived at the Concept plant, plaintiff informed her supervisor, defendant Gleissner, that she had gone to the doctor and that the doctor had given her medication. As plant manager, defendant Gleissner was responsible for employee safety at the Concept factory. Plaintiff testified that she then "asked [Gleissner] if I could back-wind or sweep or anything like that. And he said that there wasn't any of that to do and that he needed the picker to run. And he sent me to work." Mr. Gleissner testified in his deposition that when p
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