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INSCOE v. DeROSE INDUSTRIES, INC.

No. 95.

232 S.E.2d 449 (1977)

292 N.C. 210

Larry P. INSCOE v. DeROSE INDUSTRIES, INC. and Continental Casualty Company.

Supreme Court of North Carolina.

March 7, 1977.

Attorney(s) appearing for the Case

Carl W. Howard, Charlotte, for plaintiff-appellee.

Jones, Hewson & Woolard by Harry C. Hewson and R. G. Spratt, III, Charlotte, for defendant-appellant.

COPELAND, Justice.

At the time of the collision, G.S. 97-12 provided in relevant part as follows:

"No compensation shall be payable if the injury or death was occasioned by the intoxication of the employee . . .. The burden of proof shall be upon him who claims an exemption or forfeiture under this section." (Emphasis supplied.)

This statute was amended by the 1975 General Assembly to read as follows:

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