The court held that even if the coemployees "may have known certain dangerous parts of the machine were unguarded when they instructed [the plaintiff] to work at the machine, we do not believe this supports an inference that they intended that [the plaintiff] be injured or that they were manifestly indifferent to the consequences of his doing so."Id. at 238, 424 S.E.2d at 394. A similar holding denying a Woodson claim was reached inRose v. Isenhour Brick Tile Co., 344 N.C. 153, 472 S.E.2d 774 (1996), where an employee was killed while operating a brick-setting machine for his employer, a company that manufactured and distributed brick products. Id. at 154, 156, 472 S.E.2d at 775, 776.
In support of the trial court's action, Cooper Steel relies upon several decisions in which our appellate courts have rejected Woodson claims. See, e.g., Hooper v. Pizzagalli Construction Co., 112 N.C. App. 400, 436 S.E.2d 145 (1993), disc. rev. denied, 335 N.C. 770, 442 S.E.2d 516 (1994); Canady v. McLeod, 116 N.C. App. 82, 446 S.E.2d 879, disc. review denied, 338 N.C. 308, 451 S.E.2d 632 (1994); Powell v. S G. Prestress Co. 342 N.C. 182, 463 S.E.2d 79 (1995); Echols v. Zarn, Inc., 342 N.C. 184, 463 S.E.2d 228 (1995); Mickles v. Duke Power Co., 342 N.C. 103, 463 S.E.2d 206 (1995); Jones v. Willamette Industries, 120 N.C. App. 591, 463 S.E.2d 294 (1995), disc. review denied, 342 N.C. 656, 467 S.E.2d 714 (1996); Kelly v. Parkdale Mills, Inc., 121 N.C. App. 758, 468 S.E.2d 458 (1996); Rose v. Isenhour Brick Tile Co., Inc. 344 N.C. 153, 472 S.E.2d 774 (1996); and Tinch v. Video Industrial Services, Inc., 129 N.C. App. 69, 497 S.E.2d 295 (1998). However, plaintiffs counter by citing decisions in which Woodson claims were allowed to proceed.