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Tort/Negligence – Workers' Compensation – Woodson & Pleasant Claims – Modified Forklift – Crushing Death

At the motion-to-dismiss stage, plaintiff has stated a claim under Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991), by alleging that the defendant-employer “knew working under heavy loads without proper support or using proper equipment was certain to result in death or serious injury,” that the North Carolina Department of Labor (NCOSH) concluded ....

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