Legal Opinion · Dissent
Roberts v. Burlington Industries, Inc.
Supreme Court of North Carolina
Decided February 3, 1988No. 387PA87Published
1DissentJustice Martin
Believing as I do that the law of North Carolina requires a conclusion that the death of Timothy Roberts arose out of his employment with Burlington Industries, I dissent from the holding of the majority to the contrary.
In determining whether a death by accident arose out of the employment, the basic question is whether the employment was a contributing cause of the injury. In this case the decision of the Court of Appeals finding that the death did arise out of the employment can be supported upon two theories.
Employer Benefit Theory
In Guest v. Iron & Metal Co., 241 N.C. 448, 85 S.E. 2d 596…
2Cases cited17 opinions
- O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951
- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Henry v. A. C. Lawrence Leather Co.Supreme Court of North Carolina · 1950
- Guest v. Brenner Iron & Metal CompanySupreme Court of North Carolina · 1955
- Big" 2" Engine Rebuilders v. FreemanMississippi Supreme Court · 1980
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