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RORIE v. HOLLY FARMS POULTRY CO.

No. 181A82.

295 S.E.2d 458 (1982)

James J. RORIE, Guardian Ad Litem for Chico Rorie, Minor Son; Rachel L. Rorie, Deceased, Employee Plaintiff, v. HOLLY FARMS POULTRY COMPANY, Employer, and Liberty Mutual Insurance Company, Carrier Defendants.

Supreme Court of North Carolina.

October 5, 1982.

Attorney(s) appearing for the Case

F. D. Poisson, Jr., Wadesboro, and Larry E. Harrington, Monroe, for plaintiff-appellee.

Hedrick, Feerick, Eatman, Gardner & Kincheloe by Philip R. Hedrick, James F. Wood, III and Hatcher B. Kincheloe, Charlotte, and McElwee, McElwee, Cannon & Warden by William C. Warden, Jr., Wilkesboro, for defendants-appellants.

MITCHELL, Justice.

The plaintiff brought this action before the Industrial Commission seeking death benefits under the Workers' Compensation Act. The Deputy Commissioner found that the decedent's death was accidental and arose out of and in the course of the employment but that the compensation must be denied under the terms of G.S. 97-12(3) because the death was proximately caused by the willful intention of the decedent to injure another. By a two to one vote the...

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