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Employer Gets Summary Judgment Dismissing Tort Claim for Worker's Death

Thursday, July 10, 2025 | 0

The North Carolina Court of Appeals ruled that an employer should have been granted summary judgment dismissing a civil suit that asserted the company engaged in intentional misconduct that was substantially certain to result in the death of a worker. Case: Tyson v. ELG Utica Alloys Inc., No. COA24-740, 06/18/2025, published. Facts: Franklin Scott Tyson worked for ELG Utica Alloys Inc. He was killed in April 2020 by an explosive fire while operating the zirconium crusher at an ELG metal processing plant in Monroe. Before the fatal explosion, there had been a few inconsequential, slow-b...

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