Jones v. Weyerhaeuser Co. , 141 N.C. App. 482 ( 2000 )

Judge Greene

concurring.

I write separately because I believe defendant has standing to raise a constitutional challenge to N.C. Gen. Stat. § 97-61.5.

Any party who “alleges some direct injury in fact” has standing to challenge the constitutionality of a statute. See Greene v. Town of Valdese, 306 N.C. 79, 88, 291 S.E.2d 630, 636 (1982). Defendant argues in its brief to this Court that employers such as itself “whose workers have had occupational exposure to asbestos and silica are burdened with additional liability for workers [’] compensation benefits, with which similarly situated employers are not so burdened.” This alleged additional liability, which is not imposed on similarly situated employers, would cause a direct injury to defendant. Accordingly, defendant has standing to bring its claim that section 97-61.5 is unconstitutional. Otherwise, I fully concur in the majority’s opinion.