Nyffeler Construction, Inc. v. Secretary of Labor

<bold>1. Corporations — LLC member — no derivative liability</bold> <block_quote> The trial court properly granted summary judgment for defendant Honeywell on claims arising from exposure to toxic chemicals at a chemical plant. Defendant did not have derivative liability for the acts of the LLC of which it was a member; N.C.G.S. § <cross_reference>57C-3-30</cross_reference>(a) is clear that mere participation in the business affairs of a limited liability company by a member is insufficient standing alone to hold the member independently liable for harm caused by the LLC.</block_quote> <bold>2. Workers' Compensation — exclusivity provisions — liability of LLC</bold> <bold>member-duty owed by LLC</bold> <block_quote> Defendant Honeywell was protected by the exclusivity provisions of the Workers' Compensation Act in an action for exposure to toxic chemicals at a manufacturing plant owned by an LLC of which it was a member. Honeywell neither promised nor assumed an independent duty to plaintiff; the LLC, not Honeywell, owed a nondelegable duty to provide a safe workplace.</block_quote> <bold>3. Employer and Employee — workplace safety — LLC member — no independent</bold> <bold>duty</bold> <block_quote> Defendant Honeywell, who was not plaintiff's employer, did not owe plaintiff an independent duty to provide for workplace safety through Honeywell's alleged liability under environmental statutes.</block_quote><page_number>Page 318</page_number>