ROBERTS v. BURLINGTON INDUSTRIES, INC.

No. 387PA87.

364 S.E.2d 417 (1988)

321 N.C. 350

Rosemary Hudson ROBERTS, Widow; Rosemary Hudson Roberts, Guardian Ad Litem of Jessica Gay Roberts, Minor Daughter of Timothy Lee Roberts, Deceased, Employee, Plaintiffs v. BURLINGTON INDUSTRIES, INC., Employer Lumbermen's Mutual Casualty Co., Carrier, Defendants.

Supreme Court of North Carolina.

February 3, 1988.


Attorney(s) appearing for the Case

McNairy, Clifford, Clendenin & Parks by Harry H. Clendenin, III, Greensboro, for plaintiffs-appellees.

Smith Helms Mulliss & Moore by J. Donald Cowan, Jr., and Caroline H. Wyatt, Greensboro, for defendants-appellants.


WHICHARD, Justice.

Decedent employee, while returning home from a business trip, was struck by a car and killed as he assisted an injured pedestrian who had no connection to the employee's duties or his employer's business. The issue is whether his death arose out of the employment and thus was compensable under the Workers' Compensation Act, N.C.G.S. § 97-1 et seq. We hold that it did not.

Decedent, Timothy Lee Roberts, was employed by defendant...

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