Enrique v. Edwards Wood Prod., Inc.
CourtCourt of Appeals of North Carolina
Date FiledNovember 4, 2026
Docket26-281
JudgeJudge Allegra Collins
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF NORTH CAROLINA
No. COA26-281
Filed 4 November 2026
Durham County, No. 24CV007942-310
ARNOL C. ENRIQUE, Plaintiff,
v.
EDWARDS WOOD PRODUCTS, INC., Defendant.
Appeal by Defendant from order entered 31 December 2025 by Judge Keith
Gregory in Durham County Superior Court. Heard in the Court of Appeals 25
September 2026.
Law Offices of James Scott Farrin, by Kaitlyn E. Fudge and Coleman C. Cowan,
for Plaintiff-Appellee.
Teague Campbell Dennis & Gorham, LLP, by J. Matthew Little and Daniel T.
Strong; and Parker Poe Adams & Bernstein LLP, by Chip Holmes and Jessica
Dixon, for Defendant-Appellant.
COLLINS, Judge.
Defendant appeals from the trial court’s order granting Plaintiff partial
summary judgment and denying it summary judgment. Defendant argues that the
trial court erred by granting Plaintiff partial summary judgment because Defendant
was Plaintiff’s special employer such that the exclusivity provision of the Workers’
Compensation Act divested the trial court of jurisdiction to adjudicate Plaintiff’s
claims. Defendant further argues that the trial court erred by failing to address its
ENRIQUE V. EDWARDS WOOD PRODS., INC.
Opinion of the Court
arguments regarding contributory negligence and punitive damages.
The trial court did not err by granting Plaintiff partial summary judgment.
We lack jurisdiction to consider Defendant’s arguments regarding contributory
negligence and punitive damages. Accordingly, we affirm in part and dismiss in part.
I. Background
Edwards Wood Products, Inc. (“Defendant”) manufactures wood products and
operates a sawmill in Laurinburg, North Carolina. Arnol Enrique (“Plaintiff”) was
employed by CDT HR, LLC (“CDT”), a full-service staffing agency that assigned
Plaintiff to work as a mechanic for Defendant at its sawmill.
Defendant and CDT entered into a staffing agreement on 28 September 2021,
which provided:
5. [CDT’s] Obligations.
a) [CDT] shall recruit, interview, employ, ensure
compliance with I-9 and E-Verify requirements, and
otherwise use its customary screening procedures
including background checks and drug testing when
determining which Associates to assign to [Defendant].
b) [CDT] shall maintain all personnel and payroll records
for each Associate as required by applicable law.
c) [CDT] shall pay each Associate all wages owed and shall
also provide each Associate with the benefits that [CDT]
decides to offer to them, in its sole discretion, if any. [CDT]
shall be responsible to pay, withhold, and transmit payroll
taxes; provide unemployment insurance and workers’
compensation benefits; and will oversee unemployment
and workers’ compensation claims involving its Associates.
6. [Defendant’s] Obligations.
a) All Associates will be directed and supervised on the job
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Opinion of the Court
by [Defendant].
b) [Defendant] will provide [CDT] with an accurate job
description for the assignment. [Defendant] will not
change the job description or the duties of the Associate
without the prior written authorization of [CDT].
c) [Defendant] shall provide Associates with a safe working
environment and with any necessary training or
information needed to properly perform the tasks assigned
to the Associates. In addition, [Defendant] shall properly
supervise, control, and safeguard its premises, processes,
and systems, and shall not permit Associates to operate
any vehicle or mobile equipment, or entrust them with
unattended premises, cash, checks, keys, credit cards,
merchandise, confidential or trade secret information,
negotiable instruments, or other valuables without [CDT’s]
express prior written approval or as strictly required by
any job order provided to [CDT].
....
g) [Defendant] will notify [CDT] of any problems or work
performance issues it has with an Associate within
twenty-four (24) hours of receiving notice of the problem.
If [Defendant] requests an Associate be removed from the
job site, it will provide [CDT] with a written statement
setting forth the basis of its request.
Plaintiff began working for Defendant on 14 September 2023. At
approximately 5:30 a.m. on 22 September 2023, Plaintiff was working as part of a
three-man crew to change saw blades when a crane cable snapped and the steel blade
holder fell and struck Plaintiff. Plaintiff was airlifted to UNC Hospital, where a 7:50
a.m. blood sample showed a .186 blood-alcohol level. Plaintiff was permanently
paralyzed from the waist down as a result of his injuries.
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Opinion of the Court
Plaintiff filed a workers’ compensation claim against CDT in the Industrial
Commission. During those proceedings, CDT served discovery requests on
Defendant, and Defendant moved for a protective order. The Industrial Commission
granted the motion, relieving Defendant of any obligation to respond to CDT’s
discovery requests. Plaintiff then served a subpoena duces tecum on Defendant,
seeking “[a]ny and all existing video footage, photographs, and/or other media
depicting or otherwise showing the September 22, 2023 incident involving [Plaintiff].”
Defendant filed a motion to quash and stated as follows in support of its motion:
1. [Defendant] is not a party to this proceeding, and an
employer-employee relationship has never existed between
[Defendant] and [P]laintiff.
2. Upon information and belief, [P]laintiff sustained an
injury on September 22, 2023 while employed by [CDT] . . .
at a facility owned by [Defendant].
The Industrial Commission denied Defendant’s motion. Defendant subsequently
filed a motion for a limited protective order and in camera review, seeking limitations
on Plaintiff’s subpoena and requesting an in camera review of the video evidence
sought by Plaintiff. In support of its motion, Defendant stated as follows:
1. [Defendant] is not a party to this proceeding, and an
employer-employee relationship has never existed between
[Defendant] and [P]laintiff.
....
5. [Defendant’s] position in this matter has consistently
been that the information originally requested by [CDT]
was not to investigate a potential intoxication defense but
to investigate a potential civil action against [Defendant].
It now appears this is [P]laintiff’s same motivation. Under
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Opinion of the Court
either scenario, “[t]he Industrial Commission is not a court
of general jurisdiction. It is an administrative board with
quasi-judicial function and has a special or limited
jurisdiction created by statute and confined to its terms.”
Letterlough v. Akins, 258 N.C. 166, 168, 128 S.E.2d 215,
217 (1962) (citing Hart v. Thomasville Motors, 244 N.C. 84,
92 S.E.2d 673 (1956)). It is not the purpose of the
Industrial Commission to assist in the advancement of
potential third party claims outside the Workers’
Compensation Act, and the Commission’s “jurisdiction may
not be enlarged or extended by act or consent of parties, nor
may jurisdiction be conferred by agreement or waiver.” Id.
258 N.C. 168, 128 S.E.2d at 217. The Commission should
not try to expand its jurisdiction beyond the Workers’
Compensation Act by delving into matters that are strictly
within the jurisdiction of the civil courts.
Plaintiff filed a complaint against Defendant in superior court on 10 September
2024, asserting claims for negligence and gross negligence and seeking compensatory
and punitive damages. Defendant answered, denying the substantive allegations and
asserting defenses of contributory negligence and, in the alternative, the exclusivity
provision of the North Carolina Workers’ Compensation Act (“Act”).
Plaintiff moved for partial summary judgment on Defendant’s defense of the
exclusivity provision of the Act. Defendant moved for summary judgment, arguing
that Plaintiff’s claims were barred by the exclusivity provision of the Act or, in the
alternative, contributory negligence, and that Plaintiff failed to produce sufficient
evidence to support his punitive damages claim.
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Opinion of the Court
Following a hearing, the trial court entered an order granting Plaintiff partial
summary judgment on Defendant’s exclusivity provision defense and denying
Defendant summary judgment. Defendant appealed.
II. Discussion
A. Special Employee
Defendant argues that the trial court erred by granting Plaintiff partial
summary judgment because Defendant was Plaintiff’s special employer “for purposes
of the North Carolina Workers’ Compensation Act, which vests exclusive jurisdiction
in the Industrial Commission (the ‘Commission’) and immunizes employers from tort
liability for workplace injuries.”
1. Standard of Review
Summary judgment is appropriate “if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if any, show that
there is no genuine issue as to any material fact and that any party is entitled to a
judgment as a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2025). “In ruling
on a motion for summary judgment, the trial court must view the evidence in the light
most favorable to the non-moving party.” Foxx v. Davis, 289 N.C. App. 473, 480 (2023)
(quotation marks and citation omitted).
“The party moving for summary judgment bears the burden of establishing
that there is no triable issue of material fact.” Badin Shores Resort Owners Ass’n v.
Handy Sanitary Dist., 257 N.C. App. 542, 549 (2018). “This burden can be met by
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Opinion of the Court
proving: (1) that an essential element of the non-moving party’s claim is nonexistent;
(2) that discovery indicates the non-moving party cannot produce evidence to support
an essential element of his claim; or (3) that an affirmative defense would bar the
claim.” CIM Ins. Corp. v. Cascade Auto Glass, Inc., 190 N.C. App. 808, 811 (2008)
(citation omitted).
We review a trial court’s order granting summary judgment de novo. Forbis v.
Neal, 361 N.C. 519, 524 (2007). Under de novo review, this Court considers the
matter anew and freely substitutes its own judgment for that of the lower court.
Archie v. Durham Pub. Schs. Bd. of Educ., 283 N.C. App. 472, 474 (2022).
2. Analysis
“[T]he superior court is a court of general jurisdiction and has jurisdiction in
all actions for personal injuries caused by negligence, except where its jurisdiction is
divested by statute.” Solis-Santos v. Lester, 301 N.C. App. 439, 443 (2025) (cleaned
up). “By statute[,] the [s]uperior [c]ourt is divested of original jurisdiction of all
actions which come within the provisions of the Work[ers’] Compensation Act.” Morse
v. Curtis, 276 N.C. 371, 375 (1970) (citations omitted). The exclusivity provision of
the Act provides:
If the employee and the employer are subject to and have
complied with the provisions of this Article, then the rights
and remedies herein granted to the employee . . . shall
exclude all other rights and remedies of the employee . . .
as against the employer at common law or otherwise on
account of such injury or death.
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Opinion of the Court
N.C. Gen. Stat. § 97-10.1 (2025). In other words, the Act “provide[s] certain limited
benefits to an injured employee regardless of negligence on the part of the employer,
and simultaneously [] deprive[s] the employee of certain rights he had at the common
law.” Brown v. Motor Inns of Carolina, Inc., 47 N.C. App. 115, 118 (1980) (citations
omitted).
“In exchange for these limited but assured benefits, the employee is generally
barred from suing the employer for potentially larger damages in civil negligence
actions and is instead limited exclusively to those remedies set forth in the Act.”
Whitaker v. Town of Scotland Neck, 357 N.C. 552, 556 (2003) (quotation marks and
citations omitted). “However, this general rule of exclusivity only bars the employee
from bringing additional claims against his employer, not separate entities.” Nelson
v. Smith, 299 N.C. App. 51, 56 (2025).
An employee is defined by the Act as “every person engaged in an employment
under any appointment or contract of hire or apprenticeship, express or implied, oral
or written[.]” N.C. Gen. Stat. § 97-2(2) (2025). A “special employee” may be treated
the same as a worker who meet the Act’s definition of “employee.” Collins v. James
Paul Edwards, Inc., 21 N.C. App. 455, 459 (1974). “As such, special employees and
employees are similarly subject to the jurisdictional limitations of the Act’s
exclusivity provision.” Solis-Santos, 301 N.C. App. at 444 (citation omitted).
Under the special employment doctrine, known also as the lent employee
doctrine, “a general employee of one [employer] can also be the special employee of
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Opinion of the Court
another [employer] while doing the latter’s work and under his control[.]” Brown v.
Friday Servs., Inc., 119 N.C. App. 753, 759 (1995). When the special employment
doctrine applies, the general employer and special employer have joint liability under
the Act, which “provides the plaintiff-employee with two separate potential sources
of workers’ compensation benefits.” Taft v. Brinley’s Grading Servs., Inc., 225 N.C.
App. 502, 506 (2013) (citation omitted). “However, under the special employment
doctrine, the employee’s receipt of workers’ compensation benefits from either
employer bars the employee from proceeding at common law against either of the
employers.” Id. (citation omitted).
Our Court has applied the three-prong Collins test for determining whether a
worker is a special employee under the employ of a special employer:
(a) the employee has made a contract of hire, express or
implied, with the special employer;
(b) the work being done is essentially that of the special
employer; and
(c) the special employer has the right to control the details
of the work.
Collins, 21 N.C. App. at 459 (cleaned up).
“As our Supreme Court has observed, employment . . . is a matter of contract.”
Shelton v. Steelcase, Inc., 197 N.C. App. 404, 413 (2009) (cleaned up). Our Courts
“have usually been vigilant in insisting upon a showing of a deliberate and informed
consent by the employee before employment relation will be held a bar to common-law
suit.” Anderson v. Demolition Dynamics, Inc., 136 N.C. App. 603, 607-08 (2000)
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(quoting Larson’s Workers’ Compensation Law § 67.01[2]). This is because “the
employee loses certain rights along with those gained when striking up a new
employment relation. Most important of all, he or she loses the right to sue the
special employer at common law for negligence[.]” Id. at 607.
“Employment contracts may be express or implied.” Archer v. Rockingham
Cty., 144 N.C. App. 550, 557 (2001). An express contract is an “explicit agreement”
between the parties “regarding the right of control.” Harris v. Miller, 335 N.C. 379,
387 (1994) (citation omitted). “An implied contract refers to an actual contract
inferred from the circumstances, conduct, acts or relations of the parties, showing a
tacit understanding.” Archer, 144 N.C. App. at 557 (citations omitted).
Defendant concedes that it did not have an express contract of hire with
Plaintiff but argues that it had an implied contract such that the first prong of the
Collins test has been met.
In Solis-Santos, this Court affirmed the dismissal of plaintiff’s negligence
claims, holding that an implied contract of hire existed between plaintiff and
defendant and defendant was plaintiff’s special employer such that the exclusivity
provision of the Act divested the superior court of jurisdiction over plaintiff’s claims.
301 N.C. App. at 452. There, a staffing agency entered into an agreement with the
defendant demolition company, providing that the staffing agency would assign
employees to defendant; pay the assigned employees’ wages and provide benefits; and
handle unemployment and workers’ compensation claims involving assigned
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Opinion of the Court
employees. Id. at 441.
The Court concluded that the first prong of the Collins test was satisfied
because “there [was] no contractual provision declaring that [p]laintiff was solely the
employee of [the staffing agency]” and “the record contain[ed] ample other evidence
that [p]laintiff and [defendant] had an implied employment contract.” Id. at 446. The
“ample other evidence” of the implied contract included an affidavit and testimony
from the company’s owner specifically acknowledging an implied contract with
plaintiff:
The owner/managing member of [defendant] provided an
affidavit in which he stated: “On March 8, 2021, [p]laintiff
was performing work for [defendant] at the Project
pursuant to an implied contract with [defendant].
Additionally, in a deposition, [defendant’s]
owner/managing member answered affirmatively when
asked: “Did you have any type of implied contract with
[plaintiff]?” and again confirmed that “[defendant] had [an]
implied contract with [p]laintiff . . . on those days for that
work.”
Id.
More recently, in Jefferson v. Johnson Concrete Co., we reversed summary
judgment in defendant’s favor and remanded to the trial court for further proceedings
where there was no genuine issue of material fact that no implied contract of hire
existed between plaintiff and defendant such that defendant was not plaintiff’s
special employer and the exclusivity provision of the Act did not divest the trial court
of jurisdiction over plaintiff’s claims. No. COA26-41, slip op. at 13 (N.C. Ct. App. Oct.
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7, 2026). In that case, a contract between a staffing agency and defendant provided
that all temporary employees assigned by the staffing agency to defendant were
employees of the staffing agency; plaintiff was assigned by the staffing agency to work
for defendant; and plaintiff was paid by the staffing agency. Id. at 9-10.
Furthermore, defendant’s corporate representative specifically testified that plaintiff
was an employee of the staffing agency, not defendant:
Q. Okay. I’m going to read some of that. “All temporary
employees assigned to [defendant] by [the staffing agency]”
. . . [“]are employees of [the staffing agency].”
Did I read that correctly?
A. Yes.
Q. And so what that meant was that [plaintiff] was an
employee of [the staffing agency], not an employee of
[defendant]. Is that right?
A. Yes.
Id. at 11.
Here, the agreement between CDT and Defendant provides: CDT shall
“recruit, interview, employ . . . and otherwise use its customary screening
procedures . . . when determining which Associates to assign to [Defendant]”; CDT
shall “pay each Associate all wages owed and . . . provide each Associate with the
benefits that [CDT] decides to offer to them”; and CDT shall “provide unemployment
insurance and workers’ compensation benefits . . . and . . . oversee unemployment and
workers’ compensation claims involving its Associates.” CDT contractually retained
the fundamental responsibilities of an employer. Although, as in Jefferson and
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Opinion of the Court
Solis-Santos, there is no contractual provision here declaring that Plaintiff was solely
CDT’s employee, there is ample other uncontradicted evidence that Plaintiff was not
Defendant’s employee.
Contrary to the evidence of an implied contract in Solis-Santos, and even more
compelling than the evidence of a lack of an implied contract in Jefferson, Defendant
here expressly argued before the Industrial Commission that it was not subject to the
Commission’s jurisdiction because “an employer-employee relationship has never
existed between [Defendant] and [P]laintiff” and that Plaintiff was injured “while
employed by [CDT] at a facility owned by [Defendant].” Defendant further argued
that the Industrial Commission should limit the evidence Plaintiff sought in his
workers’ compensation case against CDT because Plaintiff was “investigat[ing] a
potential civil action against [Defendant]” and “[t]he Commission should not try to
expand its jurisdiction beyond the Workers’ Compensation Act by delving into
matters that are strictly within the jurisdiction of the civil courts.”
Defendant’s corporate representative testified during his deposition that
Plaintiff was CDT’s employee at the time of the incident:
Q. Okay. Did [Plaintiff] . . . come to work at [Defendant]
through CDT Staffing?
A. Yes.
....
Q. . . . -- at the time of the incident, was [Plaintiff] an
employee of CDT . . . ?
....
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Q. Is that a yes?
A. CDT, yes.
Plaintiff similarly testified during his deposition that CDT was “the one[] who hired
[him].”
Defendant argues that it was simply disavowing it was Plaintiff’s general
employer by its statement that “an employer-employee relationship has never existed
between [Defendant] and [P]laintiff.” We are not persuaded. Defendant cannot
disclaim an employment relationship before the Industrial Commission and then rely
upon that same relationship in superior court to invoke the exclusivity provision of
the Act. As there was no express or implied contract of hire between Plaintiff and
Defendant, the first prong of the Collins test has not been met.
Accordingly, the trial court did not err by granting Plaintiff partial summary
judgment, and we need not address the remaining elements of the special
employment doctrine. In light of this decision, we need not address Defendant’s
argument that it “is not estopped or otherwise prohibited from asserting that
[Plaintiff’s] claims are barred by the Workers’ Compensation Act’s exclusivity
provision[.]”
B. Punitive Damages and Contributory Negligence
Defendant argues that the trial court erred “in entirely failing to address
[Defendant’s] arguments regarding [Plaintiff’s] contributory negligence as a matter
of law and failure to establish a requisite aggravating factor to support punitive
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Opinion of the Court
damages.” We do not have jurisdiction to address these arguments on appeal.
“An interlocutory order is one made during the pendency of an action, which
does not dispose of the case, but leaves it for further action by the trial court in order
to settle and determine the entire controversy.” Hanesbrands Inc. v. Fowler, 369 N.C.
216, 218 (2016) (quotation marks and citations omitted). “It is well-settled that an
order denying a motion for summary judgment is interlocutory, and not generally
immediately appealable.” Anderson v. Atl. Cas. Ins. Co., 134 N.C. App. 724, 725
(1999) (citations omitted). This rule “prevent[s] fragmentary, premature[,] and
unnecessary appeals by permitting the trial court to bring the case to final judgment
before it is presented to the appellate courts.” Larsen v. Black Diamond French
Truffles, Inc., 241 N.C. App. 74, 76 (2015) (quotation marks and citation omitted).
There are exceptions to this general rule, including “when the challenged order
affects a substantial right.” Denney v. Wardson Constr., LLC, 264 N.C. App. 15, 17
(2019) (citing N.C. Gen. Stat. § 7A-27(b)(3)(a)). “An interlocutory order affects a
substantial right if the order deprives the appealing party of a substantial right which
will be lost if the order is not reviewed before a final judgment is entered.” Suarez v.
Am. Ramp Co., 266 N.C. App. 604, 608 (2019) (cleaned up). A substantial right is “a
legal right affecting or involving a matter of substance as distinguished from matters
of form: a right materially affecting those interests which one is entitled to have
preserved and protected by law: a material right.” Hanesbrands, 369 N.C. at 219
(cleaned up).
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Opinion of the Court
“To confer appellate jurisdiction based on a substantial right, the appellant
must include in its opening brief, in the statement of the grounds for appellate review,
sufficient facts and argument to support appellate review on the ground that the
challenged order affects a substantial right.” Doe v. City of Charlotte, 273 N.C. App.
10, 21 (2020) (quotation marks and citation omitted); see also N.C. R. App. P. 28(b)(4).
This Court “will not construct arguments for or find support for appellant’s right to
appeal from an interlocutory order on our own initiative.” Denney, 264 N.C. App. at
17 (quotation marks and citation omitted). Thus, “if the appellant’s opening brief
fails to explain why the challenged order affects a substantial right, we must dismiss
the appeal for lack of appellate jurisdiction.” Id. (citation omitted).
Here, Defendant failed to acknowledge in its briefing that its contributory
negligence and punitive damages arguments arise from the trial court’s interlocutory
order denying summary judgment on those issues. Defendant did not identify any
statutory basis for immediate appellate review or explain how these rulings affect a
substantial right. At oral argument, Defendant asked this Court to consider its
opening brief a petition for discretionary review, to grant discretionary review, and
to review these issues. In our discretion, we decline to do so. See Luther v. Seawell,
191 N.C. App. 139, 142 (2008).
Because the denial of a motion for summary judgment is interlocutory and
Defendant has failed to establish our jurisdiction to reach the merits of its argument
on these issues, we dismiss the remainder of Defendant’s appeal.
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III. Conclusion
As the trial court did not err by granting Plaintiff partial summary judgment,
we affirm the trial court’s order. Defendant’s arguments regarding contributory
negligence and punitive damages are dismissed for lack of jurisdiction.
AFFIRMED IN PART; DISMISSED IN PART.
Judges HAMPSON and FREEMAN concur.
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