D'AQUISTO v. MISSION HEALTH SYSTEM

No. COA04-1259.

614 S.E.2d 583 (2005)

Caroline D'AQUISTO, Plaintiff, v. MISSION ST. JOSEPH'S HEALTH SYSTEM, Employer, Cambridge Integrated Services, Servicing Agent, Defendants.

Court of Appeals of North Carolina.

July 5, 2005.


Attorney(s) appearing for the Case

Ganly & Ramer, P.L.L.C., by Thomas F. Ramer, Asheville, for plaintiff-appellee.

Van Winkle, Buck, Wall, Starnes & Davis, P.A., by Allan R. Tarleton, Asheville, for defendants-appellants.


WYNN, Judge.

Under the Workers' Compensation Act, an injury is only compensable if it is the result of an "accident arising out of and in the course of the employment[.]" N.C. Gen.Stat. § 97-2(6) (2004). In this case, the employer acknowledges that an assault upon Plaintiff-employee occurred "in the course of" her employment but argues that it did not "arise out of" her employment. For the reasons

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