This Article attempts to point toward the correct definition and application of the substantial certainty liability standard, recognizing its foundation in the Woodson and Barrino decisions. This Article also will point out the apparent misapplications of the standard in decisions handed down after Woodson. Finally, in light of the North Carolina Supreme Court's per curiam decision in Owens v. W.K Deal Printing, Inc., which appears to illustrate the court's disapproval of the definition and application of substantial certainty contained in decisions from other courts, this Article will attempt to forecast the direction of future decisions involving this theory of civil liability.
Michael Doran, The Substantial Certainty Exception to Workers' Compensation, 17 Campbell L. Rev. 413 (1995).