Fortner v. J. K. Holding Co.

FRYE, Justice.

The sole question on appeal before this Court is whether the plaintiffs accident arose out of and in the course of her employment. We hold that it did not, and accordingly affirm the decision of the Court of Appeals.

Before turning to a consideration of this issue, however, we must first address one preliminary matter. In plaintiffs new brief filed with this Court, in place of a new argument, her attorney included a statement incorporating by reference into the new brief the argument contained in plaintiffs brief before the Court of Appeals. Defendant moved to dismiss plaintiffs…