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COLEMAN v. CITY OF WINSTON-SALEM

No. 8110IC922.

291 S.E.2d 155 (1982)

Bud COLEMAN, Father; Dora Coleman, Mother; Shirley Jean Robinson, Guardian Ad Litem for Christopher D. Fuller, Minor Son; Colebles Coleman, Jr., Deceased, v. CITY OF WINSTON-SALEM, Self-Insured.

Court of Appeals of North Carolina.

May 4, 1982.

Attorney(s) appearing for the Case

R. Lewis Ray & Associates by R. Lewis Ray, Winston-Salem, for plaintiffs-appellants and plaintiffs-appellees, Bud Coleman and Dora Coleman.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter and James M. Stanley, Jr., Winston-Salem, for defendant-appellant.

Morrow & Reavis by John F. Morrow, Winston-Salem, for appellee, Shirley Jean Robinson.

VAUGHN, Judge.

The primary question for resolution by the Commission was whether the death of the employee was proximately caused by intoxication. The Commission made no findings on that issue. Instead, it found that there was "no evidence that the death was caused by intoxication." (Emphasis added). We conclude there was ample evidence which would have permitted, but not compelled, a finder of the facts to find that the employee's drunkenness proximately caused...

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