DILLINGHAM v. YEARGIN CONST. CO.

No. 638PA86.

358 S.E.2d 380 (1987)

320 N.C. 499

Carlos L. DILLINGHAM, Employee-Plaintiff, v. YEARGIN CONSTRUCTION COMPANY, Employer, Aetna Casualty and Surety Co., Carrier Defendants.

Supreme Court of North Carolina.

July 28, 1987.


Attorney(s) appearing for the Case

Murchison, Taylor, Kendrick, Gibson & Davenport by Vaiden P. Kendrick, Michael Murchison, and Reid G. Hinson, Wilmington, for employee-plaintiff.

Marshall, Williams, Gorham & Brawley by Ronald H. Woodruff, Wilmington, for defendants.


MARTIN, Justice.

The sole issue presented for review is whether plaintiff-employee's cardiac arrest occurred "by accident" within the meaning of the Workers' Compensation Act. We hold that plaintiff's injury was accidental and accordingly reverse the Court of Appeals.

Plaintiff was employed by defendant construction company as an instrumentation fitter at the Brunswick Nuclear Power Plant. The job sometimes required plaintiff to enter the reactor building...

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