Lorene W. Byrd v. Fieldcrest Mills, Inc.
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Barrino v. Radiator Specialty Co. (N.C. 1986)
- Charles A. Ries, III v. National Railroad Passenger Corporation, A/K/A Amtrak National Railroad Passenger Corporation (3d Cir. 1992)
- Michael Pratico v. Portland Terminal Company (1st Cir. 1985)
- Horn v. C. L. Osborn Contracting Co. (United States District Court for the Middle District of Georgia 1976)
- Changamire v. Baltimore City Board of School Commissioners (District Court, D. Maryland 2023)
- Stephens v. High Voltage Maintenance Co. (District Court, E.D. Pennsylvania 2004)
- Amer Fed Govt Empl v. Rumsfeld, Donald H. (D.C. Cir. 2003)
- American Federation of Government Employees v. Rumsfeld (D.C. Cir. 2003)
- Guzmán Cotto v. Estado Libre Asociado (Supreme Court of Puerto Rico 2002)
- Blanca Iris Guzman Cotto Y Otros v. E.L.A. De P.R. Y Otros (Supreme Court of Puerto Rico 2002)
- Rosen v. Prince George's Bd. of Educ. (4th Cir. 1996)
- Rosen v. Prince George's Bd (4th Cir. 1996)
- Marslender v. Virginia Elec. & Power Co. (Norfolk County Circuit Court 1995)
- Adami v. GREEN GIANT DIV., a DIV. OF PILLSBURY CO. (District Court, N.D. Illinois 1994)
- Silkworth v. Ryder Truck Rental, Inc. (Md. Ct. Spec. App. 1987)
- Kelso Rankin v. City Of Wichita Falls (5th Cir. 1985)
- Rankin v. City of Wichita Falls (5th Cir. 1985)
- Greene v. Metals Selling Corp. (Conn. App. Ct. 1984)
- United Steelworkers Of America, Afl-Cio-Clc v. F. Ray Marshall (D.C. Cir. 1981)
- Anthony J. Melerine, Jr., Continental Insurance Company, Intervenor-Appellant v. Avondale Shipyards, Inc. (5th Cir. 1981)
- Trowell v. Brunswick Pulp and Paper Co. (District Court, D. South Carolina 1981)
- Goodman v. Kendall Gate-Investco., Inc. (Fla. Dist. Ct. App. 1981)
- Taira v. Oahu Sugar Co. Ltd. (Haw. Ct. App. 1980)
- United Steelworkers of America v. Marshall (D.C. Cir. 1980)
- Federal Employees for Non-Smokers' Rights v. United States (District Court, District of Columbia 1978)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Alleging that the defendants’ negligent violation of the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., was the proximate cause of her intestate’s death, the plaintiff instituted this action for damages in the district court. Since, concededly, plaintiff’s intestate died as the result of injuries sustained in an accident arising out of and in the course of his employment with the defendant, Fieldcrest Mills, Inc., which was covered under the North Carolina Workmen’s Compensation Act, the district court concluded that 29 U.S.C. § 653(b)(4) 1 precluded a private remedy and dismissed the action under Rule 12(b)(6), Fed.R.Civ.P., for failure to state a claim upon which relief could be granted.
Upon careful consideration of the record, briefs and oral arguments we agree with this conclusion of the district court and affirm the judgment of dismissal. 2
Affirmed.
. “Nothing in this chapter shall be construed to supersede or in any manner affect any workmen’s compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.” 29 U.S.C. § 653 (b)(4).
. Cf. Skidmore v. Travelers Insurance Company, 356 F.Supp. 670 (E.D.La. 1973), aff’d per curiam, 483 F.2d 67 (5 Cir. 1973).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.