ROSS v. MARK'S INC.

No. COA94-1383.

463 S.E.2d 302 (1995)

120 N.C. App. 607

Donna Marie ROSS, Daughter, and Richard Lee Godwin, Son of Mamie Paulette Brock, Deceased Employee-Appellants, v. MARK'S INC., d/b/a Hardee's of Greenville, Employer-Appellee.

Court of Appeals of North Carolina.

November 7, 1995.


Attorney(s) appearing for the Case

James Hite Avery Clark & Robinson by Leslie S. Robinson, Greenville, for plaintiffs-appellants.

Cranfill, Sumner & Hartzog, L.L.P. by C.D. Taylor Pace and W. Scott Fuller, Raleigh, for defendant-appellee.


SMITH, Judge.

In this case, plaintiffs, children of deceased employee, attempted to recover workers' compensation benefits for the death of their mother resulting from an assault inflicted by her ex-husband. Deputy Commissioner Roger L. Dillard, Jr., found that the moving cause of the assault upon the employee was personal, did not arise out of her employment and, therefore, was not compensable under the Workers' Compensation Act. Plaintiffs appealed to the Full Commission...

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