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Owens v. W. K. Deal Printing Inc.9/7/1993
ensation claims may also be pursued. There may, however, only be one recovery. . . .
Woodson, 329 N.C. at 340-41, 407 S.E.2d at 228.
Plaintiff argues that Woodson is to be applied retroactively and as such, plaintiff should not be foreclosed from pursuing an intentional tort claim against defendant.
Although plaintiff is correct in her argument that Woodson is to be applied retroactively if the facts are applicable, Dunleavy v. Yates Construction Company, Inc., 106 N.C. App. 146, 416 S.E.2d 193, disc. review denied, 332 N.C. 343, 421 S.E.2d 146 (1992), the facts in the present case and the facts in Woodson and Dunleavy are distinguishable. The plaintiffs in Woodson and Dunleavy filed their claims for workers' compensation benefits and their civil actions against the respective defendants simultaneously. The plaintiffs never signed any forms settling their cases nor did the plaintiffs sign any forms relinquishing their rights to recover further monies from the incident.
In the case sub judice, plaintiff filed a civil action against defendant after settlement of the workers' compensation claim. On 20 August 1991, plaintiff entered into an agreement for "final compromise settlement and release." The agreement stated in pertinent part:
This instrument contains the entire agreement between the parties hereto and the terms of this release and agreement are contractual and not mere recitals, and the sum of money recited in this agreement to be paid upon order of the Industrial
Commission is all that the said Employee-Plaintiff will ever receive for any alleged injury described herein.
On 13 December 1991, plaintiff filed a claim for personal injuries suffered as a result of the accident.
As Woodson clearly stated there can only be one recovery and we find that plaintiff made an election of remedies by pursuing her workers' compensation action to a final award. North Carolina law states that once a person signs a release relinquishing all of his rights, he shall have no further claims as a result of that action. Sherill v. Little, 193 N.C. 736, 738, 138 S.E. 14, 15 (1927).
Accordingly, the decision of the trial court is affirmed.
Disposition
Affirmed.
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