Jack R. Wilden; Marti Wilden, Plaintiffs-appellants, v. Combustion Engineering, Incorporated, Defendant-appellee,andweyerhaeuser Company, Defendant, 34 F.3d 1067 (4th Cir. 1994)

Plaintiff-appellant Jack R. Wilden was injured when he fell from unanchored scaffolding boards while working for his employer, Combustion Engineering, Inc. Wilden and his wife sued Combustion Engineering for damages under the common law intentional tort theory set forth in Woodson v. Rowland, 407 S.E.2d 222 (N.C.1991). Woodson holds that an employee has a cause of action against his employer when the "employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct...." Id. at 228. After studying the briefs and the record, reviewing the various cases that have applied Woodson, and listening to oral argument, we agree with the district court that injury or death was not substantially certain to result from Combustion Engineering's conduct. See Wilden v. Combustion Engineering, Inc., No. 2:92CV00415 (M.D.N.C. Nov. 24, 1993). Accordingly, the judgment of the district court is affirmed.^* 

AFFIRMED