dissenting.
As was recognized by our Supreme Court in Essick v. City of Lexington, 232 N.C. 200, 60 S.E. 2d 106 (1950), an employer’s immunity from suit for intentional injuries is no part of the bargain that is our Workers’ Compensation Act. As numerous other decisions of that Court and this have intimated, the only rights against their employers that employees surrendered by the enactment of Workers’ Compensation was the right to sue for negligently caused injuries. See Lovette v. Lloyd, 236 N.C. 663, 73 S.E. 2d 886 (1953); Lee v. American Enka Corporation, 212 N.C. 455, 193 S.E. 809 (1937). Which is as it should be, in my opinion, and since the plaintiffs complaint alleges an intentional tort that resulted in a young woman’s death, it was error, I believe, to dismiss the case by summary judgment. The judgment is based only upon the pleadings and plaintiffs admissions that decedent was employed by defendant and Workers’ Compensation benefits were applied for and received; none of which showed either that plaintiffs allegations cannot be proved or that plaintiff is necessarily barred for having applied for and accepted Workers’ Compensation benefits. From aught that the record shows the defendant’s tort was as alleged and there were equities which justified plaintiff in obtaining the benefits available. According to the complaint, and nothing in the record refutes it, the horrible, painful death of a young woman was caused by intentional conduct that was markedly calloused and without regard for the life and health of defendant’s employees. Among other things it is alleged that defendant’s plant handles, stores and utilizes liquefied petroleum gases; and the death of plaintiffs decedent was *505caused by an explosion and fire that resulted from various deliberate acts of defendant, including covering, and rendering inoperative, meters designed to detect dangerous gas and vapor levels. If the matters alleged be true, the welfare of all workers, their families, and the public at large requires, I think, that defendant not be deemed immune from suit because of the Workers’ Compensation Act.