Legal Opinion
Searsey v. Perry M. Alexander Construction Co.
Court of Appeals of North Carolina
Decided January 17, 1978No. 7728IC106PublishedCited by 15 opinions
1Opinion of the Court
CLARK, Judge.
Defendants attack the Commissioner’s award as invalid because the plaintiff’s injury was caused not by an accident but by an expected, foreseen event which was part of plaintiff’s usual work. G.S. 97-2(6) of the Workmen’s Compensation Act limits compensation to recovery for
“. . . injury by accident arising out of and in the course of the employment, and shall not include a disease in any form, except where it results naturally and unavoidably from the accident.” [Emphasis added.]
An “accident” is an unlooked for and untoward event not expected or designed by the employee. Harding…
2Cases cited7 opinions
- Harding v. THOMAS AND HOWARD COMPANYSupreme Court of North Carolina · 1962
- Petty v. Associated Transport, Inc.Supreme Court of North Carolina · 1970
- Hicks v. Guilford CountySupreme Court of North Carolina · 1966
- Cates v. Hunt Construction Co.Supreme Court of North Carolina · 1966
- Pardue v. BLACKBURN BROTHERS OIL & TIRE COMPANYSupreme Court of North Carolina · 1963
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Swindell v. DAVIS BOAT WORKS INC.Court of Appeals of North Carolina · 1985
- Raper v. Mansfield Systems, Inc.Court of Appeals of North Carolina · 2008
- Renfro v. Richardson Sports Ltd. PartnersCourt of Appeals of North Carolina · 2005
- King v. Exxon Co.Court of Appeals of North Carolina · 1980
- Adams v. Neuwirth MotorsNorth Carolina Industrial Commission · 2009
10 more not listed; retrieve them via the Exa API.