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Anderson v. Century Data Systems Inc.12/4/1984
The following facts are undisputed: Plaintiff-employee is a field service technician employed by defendant to service "computer-type" cash registers sold by defendant-employer. Defendant provided plaintiff a car to use in making service calls, and assigned him a "service territory" in southeastern North
Carolina. On 13 March 1980 plaintiff reported to defendant-employer's Wilmington office and was instructed to go to Myrtle Beach, outside his service territory, to repair a slip printer at the Litchfield Beach Inn. Plaintiff left Wilmington at approximately 10:30 a.m. and arrived in Myrtle Beach at approximately noon. After completing his assigned work at the Litchfield Beach Inn, plaintiff and two other employees went to a steakhouse. One employee , a Branch Manager for defendant-employer in South Carolina, bought beer for himself, plaintiff, and the third employee. At approximately 1:30 a.m., while returning to Wilmington from Myrtle Beach, plaintiff was seriously injured in an accident occurring when the car he was driving veered into the path of an oncoming Mack Tractor Trailer unit. Testing on a blood sample taken from plaintiff at approximately 2:30 a.m. on 14 March 1980 revealed a blood-alcohol level of .199%.
At the hearing on plaintiff's claim for benefits under the Workers' Compensation Act, the parties stipulated that "Defendants plead the provisions of 97-12 with reference to intoxication in bar of the claim." G.S. 97-12 in pertinent part provides:
No compensation shall be payable if the injury or death to the employee was proximately caused by:
(1) His intoxication, provided the intoxicant was not supplied by the employer or his agent in a supervisory capacity to the employee ;
In support of their contention that plaintiff's injuries were proximately caused by his intoxication, defendants introduced evidence tending to show that on the evening of 13 March 1980 plaintiff drank one or two beers between 8:00 and 9:00. Plaintiff returned to his car at approximately 9:30, and he was not intoxicated at that time. At approximately 1:30 a.m. plaintiff was observed by William J. Davis on Highway 17, approximately fifty miles north of Myrtle Beach. Mr. Davis, who was driving a Mack Tractor Trailer unit in the southbound lane, first observed plaintiff when he was about three-quarters of a mile away. Mr. Davis saw the vehicle driven by plaintiff round a curve, at which time the car crossed the center lane, with "most of the car" in the southbound lane. Mr. Davis prepared to stop and flashed his headlights, whereupon plaintiff's car returned to the northbound lane. When the vehicles were approximately 45 feet apart, plaintiff's
car again veered into the truck's path, and the collision occurred.
Plaintiff testified that he is unable to remember any of the events surrounding the accident.
The findings of fact made by the Commission from the evidence in the case pertinent to the issue of plaintiff's intoxication are as follows:
6. Plaintiff completed his work at the Litchfield Beach Inn between 6:00 and 7:00 p.m. and he and Bernie returned to Myrtle Beach where they met Mr. Frie at the steak house at approximately 8:00 p.m. The three men stayed at the steak house for about one hour and drank two or more bottle of beer each which beer was purchased by Mr. Frie. Thereafter, Mr. Frie left the steak house at approximately 9:00 p.m.
7. Plaintiff and Bernie remained at the steak house for about another hour. . . . The two men then left the steak house and went to the place in Myrtle Beach where Bernie had left his automobile. . . . The two men then parted. . . .
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