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CULPEPPER v. FAIRFIELD SAPPHIRE VALLEY

No. 8810IC419.

377 S.E.2d 777 (1989)

Deborah Pharr CULPEPPER, Employee, Plaintiff-Appellant, v. FAIRFIELD SAPPHIRE VALLEY, Employer, Aetna Casualty & Surety Company, Carrier, Defendants-Appellees.

Court of Appeals of North Carolina.

April 4, 1989.

Attorney(s) appearing for the Case

Parker, Poe, Thompson, Bernstein, Gage, & Preston by Max E. Justice and William L. Brown, Charlotte, and Ball, Kelley, & Arrowood, P.A. by Phillip G. Kelley, Asheville, for plaintiff-appellant.

Russell & King, P.A. by Sandra M. King and Kathy A. Gleason, Asheville, for defendants-appellees.

BECTON, Judge.

A cocktail waitress employed at a mountain resort filed this workers' compensation claim to recover for injuries sustained when she tried to escape from a guest of the resort who kidnapped and sexually assaulted her. The attack occurred after the employee's workday ended when she stopped on a resort road to assist the guest, who she assumed had car trouble. The Industrial Commission held that the employee's injuries did not arise out of and in the course...

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