Mrs. Kelly notified management of the problem a number of times throughout the month. In response to these complaints, defendant attempted to correct the problem by arranging for an outside company to rewire the machine. The problem still persisted despite the fact that this company rewired the machine on four separate occasions. After Mrs. Kelly's accident, she was told defendant had discovered the reason the machine had not been working properly was because this outside company had been using defective wire. Consequently, defendant decided it would no longer allow this company to handle the wiring on the card machines.
Plaintiffs contend the trial court erred in granting defendant's motion for summary judgment.
They argue they are not limited to recovery under the Workers' Compensation Act because the facts of this case permit them to pursue a Woodson claim. Defendant contends Woodson is a narrow exception to the general rule embodied in N.C. Gen. Stat. The facts of this case, according to defendant, do not meet the strict standard set forth in Woodson. A trial court may grant a motion for summary judgment only when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. N.C. Gen. Stat.