# Bartlett v. Duke University

> Court of Appeals of North Carolina · March 28, 1973 · 17 N.C. App. 598

URL: https://www.frixlaw.com/law-library/cases/6731082

## Case

- **Full name:** (MRS.) EVELYN BARTLETT, Widow of Robert B. Bartlett, Employee-Plaintiff v. DUKE UNIVERSITY, Employer and GLENS FALLS INSURANCE COMPANY, Carrier
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 28, 1973
- **Citations:** 17 N.C. App. 598; 195 S.E.2d 371; 1973 N.C. App. LEXIS 1424
- **Precedential status:** Published
- **Opinion:** Dissent by Campbell
- **Judges:** Campbell, Graham, Hedrick
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6731082

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6731082. Public record. Not legal advice.