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CREEL v. TOWN OF DOVER

No. COA96-47.

486 S.E.2d 478 (1997)

James Randall CREEL, Employee, Plaintiff-Appellant, v. TOWN OF DOVER, Self-Insured Employer (administered by GAB Business Services, Inc.), Defendant-Appellant.

Court of Appeals of North Carolina.

July 1, 1997.

Attorney(s) appearing for the Case

Sumrell, Sugg, Carmichael & Ashton, P.A. by Rudolph A. Ashton, III, and Scott C. Hart, New Bern, and Kellum & Jones by Michael E. Garland, New Bern, for plaintiff.

Brooks, Stevens & Pope, P.A. by Daniel C. Pope, Jr., Michael C. Sigmon, and Patricia Wilson Medynski, Cary, for defendant.

JOHN, Judge.

Defendant appeals determination by the North Carolina Industrial Commission (the Commission) that plaintiff, mayor of the Town of Dover, sustained an injury arising out of and in the course of his employment. Defendant also assigns error to the Commission's conclusion that there was insufficient evidence to show intoxication was a proximate cause of plaintiff's injury. We affirm the Commission.

Facts and procedural history pertinent to consideration...

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