Opinion

Bartlett v. Duke University

  • 17 N.C. App. 598
  • 195 S.E.2d 371
  • 1973 N.C. App. LEXIS 1424
Court
Court of Appeals of North Carolina
Filed
Mar 28, 1973
Status
Published
Author
Campbell
On the bench
Campbell, Graham, Hedrick
Cited by
0 cases
Authority
More cited than 14.8%

The opinion

Judge Campbell

dissenting:

If it be conceded that Bartlett had not deviated from his employment when he was eating with a friend on a purely personal and social occasion and at the time in no way conducting any business for his employer, which is going far, nevertheless, I find no causal relationship between the choking on a piece of steak and working for Duke University. The death in the instant case did not “arise out of the employment” as I understand that requirement in order to be compensable. Judge Graham has reviewed the authorities, and nothing would be gained by a repetition thereof. His opinion is full and complete. The Minnesota case at least presented a situation where the employee was entertaining a prospective customer in an effort to make a sale. This situation does not exist in the present case. I think Robbins v. Nicholson, 281 N.C. 234 , 188 S.E. 2d 350 (1972), is controlling.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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