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RORIE v. HOLLY FARMS POULTRY CO.

No. 8110IC398.

289 S.E.2d 78 (1982)

James J. RORIE, Guardian ad Litem for Chico Rorie, Minor Son, Rachel L. Rorie Deceased, Employee Plaintiff, v. HOLLY FARMS POULTRY COMPANY, Employer, Liberty Mutual Insurance Company, Carrier Defendants.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

F. D. Poisson, Jr., Wadesboro, and Larry E. Harrington, Monroe, for plaintiff-appellant.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Philip R. Hedrick and Hatcher B. Kincheloe, Charlotte, for defendants-appellees.

HARRY C. MARTIN, Judge.

This is a case of first impression, necessitating a construction of N.C.G.S. 97-12(3), which reads: "No compensation shall be payable if the injury or death to the employee was proximately caused by: ... (3) His willful intention to injure or kill himself or another." We are asked on this appeal to consider whether Rachel Rorie's actions prior to her death constituted evidence of a willful intention to injure Beverly Thompson, and if so, whether...

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