Marlow v. TCS Designs, Inc., 25-31

Background

Michelle Marlow, an employee at TCS Designs, was fatally shot at work in 2021 by co-worker Tangela Parker. 1
Plaintiff sued TCS, two officers, and Eric Parker for negligence-based claims, gross negligence, willful and wanton conduct, punitive damages, and related claims. 2
In Marlow I, the Court of Appeals held the then-existing pleadings and jurisdictional evidence did not show the shooting arose out of employment. 3
After discovery, defendants moved for summary judgment; the trial court entered judgment for Parker and partly for TCS, but denied TCS judgment on ordinary negligence. 4
The trial court also reconsidered subject-matter jurisdiction at summary judgment based on new discovery evidence, including Tangela's deposition. 5
The Court of Appeals held the evidence showed the shooting was work-related, so all claims were within the Workers' Compensation Act's exclusivity provisions. 6

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Law of the case barred revisiting jurisdiction? 7	Marlow I fixed jurisdiction in plaintiff's favor.	New discovery evidence allowed reconsideration.	Reconsideration allowed because jurisdiction can be revisited with new evidence. 8
Did Michelle's death arise out of employment? 9	The shooting was personal and outside employment.	The assault stemmed from work disputes and workplace friction.	Yes; the death arose out of employment and falls under the Act. 10
Does Pleasant support claims against Parker? 11	Parker knowingly failed to protect Michelle from Tangela.	Plaintiff showed no willful, wanton, reckless conduct by Parker.	No Pleasant claim; summary judgment for Parker affirmed. 12
Are ordinary negligence claims against TCS barred by the Act? 13	TCS owed public duties outside the employment relationship.	Any duties arose solely from the employment relationship.	Yes; the negligence claims are preempted by the Act. 14

Key Cases Cited

Marlow v. TCS Designs, Inc., 288 N.C. App. 567 (N.C. Ct. App. 2023) (prior appeal holding Rule 12(b) evidence did not show exclusive Industrial Commission jurisdiction 15)
Marlow v. TCS Designs, Inc., 385 N.C. 318 (N.C. 2023) (supreme court denied discretionary review 16)
Harris v. Walden, 314 N.C. 284 (N.C. 1985) (denial of summary judgment is generally interlocutory and not appealable 17)
Est. of Belk v. Boise Cascade Wood Prods., L.L.C., 263 N.C. App. 597 (N.C. Ct. App. 2019) (denial of motion concerning Act exclusivity affects a substantial right 18)
Withers v. Black, 230 N.C. 428 (N.C. 1949) (defines 'arising out of employment' and supports work-related co-employee assault analysis 19)
Hegler v. Cannon Mills Co., 224 N.C. 669 (N.C. 1944) (assault rooted in workplace friction arises out of employment 20)
Zimmerman v. Elizabeth City Freezer Locker, 244 N.C. 628 (N.C. 1956) (workplace shooting found to arise out of employment despite possible nonwork trigger 21)
Harden v. Thomasville Furniture Co., 199 N.C. 733 (N.C. 1930) (personal/domestic assault does not arise out of employment 22)
Pleasant v. Johnson, 312 N.C. 710 (N.C. 1985) (recognizes limited willful, wanton, reckless negligence claim outside exclusivity 23)
Bryant v. Dougherty, 267 N.C. 545 (N.C. 1966) (Act bars other remedies except duties disconnected from employment 24)
Wake Cnty. Hosp. Sys., Inc. v. Safety Nat. Cas. Corp., 127 N.C. App. 33 (N.C. Ct. App. 1997) (common-law action survives if employer breached duty owed to decedent as a member of the public 25)