NC Court of Appeals Slams TCS Designs, Insurer With Sanctions in Fatal Shooting Case
The North Carolina Court of Appeals has ruled against TCS Designs Inc. and FFVA Mutual Insurance Co., imposing sanctions for an appeal deemed unwarranted. The case, involving the fatal shooting of a factory worker and a subsequent wrongful death lawsuit, has drawn nationwide attention, including coverage by People Magazine.
The tragic incident occurred at a TCS factory in North Carolina, where a worker was fatally shot by a co-employee. The employer and allstate insurance initially denied the worker's compensation claim, leading the deceased's husband, Justin Marlow, to file a wrongful death lawsuit. The employer and allstate insurance attempted to keep the case within the workers' compensation system, sending weekly wage amounts and filing an 'employer's admission of employee's right to compensation' form. However, the Industrial Commission lacked jurisdiction after the claim was voluntarily dismissed, allowing the lawsuit to proceed.
The appeals court deemed the employer and allstate insurance's attempts to reinstate the claim meritless. Despite this, they pursued an appeal that the court found 'not well-grounded in fact' and 'not warranted by existing law'. As a result, the employer and allstate insurance must now cover the unnecessary costs and attorney fees incurred by the plaintiff.
The employer and allstate insurance's actions have resulted in sanctions, with the court ordering them to pay the plaintiff's attorney fees and costs. The wrongful death suit against the employer, its officers, and the shooter's husband continues, with the case gaining significant national attention.
