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KENNEDY v. MARTIN MARIETTA CHEMICALS

No. 7626IC975.

237 S.E.2d 542 (1977)

Margie W. KENNEDY, Widow; Alma Small Kennedy Homesley, Guardian Ad Litem for Roger Dale Kennedy, Minor Child; Lola Holden Kennedy Miller, Guardian Ad Litem for Trenton Orglee Kennedy, Minor Child, of Willis Trent Kennedy, Deceased, Employee, v. MARTIN MARIETTA CHEMICALS, Sodyeco Division, Employer, Continental National American Insurance Co., Carrier.

Court of Appeals of North Carolina.

October 5, 1977.

Attorney(s) appearing for the Case

Delaney, Millette, DeArmon & McKnight, by Samuel M. Millette, Charlotte, for plaintiff-appellee, Margie W. Kennedy.

Childers & Fowler, by Max L. Childers, Mount Holly, for plaintiffs-appellees, minor children of Willis Trent Kennedy.

Kennedy, Covington, Lobdell & Hickman, by Edgar Love, III, Charlotte, for defendants-appellants.

ARNOLD, Judge.

Recovery under the Workmen's Compensation Act is designed to compensate for those injuries resulting from accidents which arise out of and in the course of employment. The term "accident" has often been defined as "(1) an unlooked for and untoward event which is not expected or designed by the injured employee; (2) a result produced by a fortuitous cause." Harding v. Thomas & Howard Co., 256 N.C. 427, 428,...

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