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Chinault v. Floyd S. Pike Electrical Contractors
293 S.E.2d 147
| N.C. | 1982
|
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293 S.E.2d 147 (1982)

Sharon B. CHINAULT, Widow; et al.
v.
FLOYD S. PIKE ELECTRICAL CONTRACTORS, Employer United States Fidelity and Guaranty Co., Carrier, Defendants.

No. 17PA82.

Supreme Court of North Carolina.

July 13, 1982.

*148 Faw, Folger, Sharpe & White by Cama C. Merritt, Mount Airy, for plaintiffs-appellants.

Hutchins, Tyndall, Doughton & Moore by Richard Tyndall, Winston-Salem, for defendants-appellees.

COPELAND, Justice.

This case was consolidated for oral argument with the case of Deese v. Lawn and Tree Expert Co., ___ N.C. ___, 293 S.E.2d 140, No. 16PA82 on our docket. Both cases have similar factual settings and raise identical legal issues about the correct interpretation and application of G.S. 97-38. We have this day filed an opinion in the *149 Deese case which fully addresses and decides this statutory question in our workers' compensation law. Our reasoning and holding in Deese, ___ N.C. ___, 293 S.E.2d 140 (1982), necessarily governs the outcome in the instant case, and we consequently affirm the decision of the Court of Appeals without further ado.[1]

AFFIRMED.

MITCHELL, Justice, dissenting.

I dissent and vote to reverse the Court of Appeals for the reasons set forth in my dissent in the case of Deese v. Lawn and Tree Expert Co., ___ N.C.___, 293 S.E.2d 140, filed this date and bearing our Docket No. 16PA82.

EXUM and CARLTON, JJ., join in this dissenting opinion.

NOTES

[1] We have thoroughly reviewed and considered the various authorities cited by the parties in their briefs in our more expansive and dispositive discussion in the companion Deese case, supra.

Case Details

Case Name: Chinault v. Floyd S. Pike Electrical Contractors
Court Name: Supreme Court of North Carolina
Date Published: Jul 13, 1982
Citation: 293 S.E.2d 147
Docket Number: 17PA82
Court Abbreviation: N.C.
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