Stroud v. North Carolina Memorial Hospital

Court of Appeals of North Carolina

Stroud v. North Carolina Memorial Hospital

190 S.E.2d 392, 15 N.C. App. 592, 1972 N.C. App. LEXIS 1983

CourtCourt of Appeals of North Carolina

DecidedAugust 2, 1972

Docket7215IC460

StatusPublished

Cited by2 cases

This text of 190 S.E.2d 392 (Stroud v. North Carolina Memorial Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stroud v. North Carolina Memorial Hospital, 190 S.E.2d 392, 15 N.C. App. 592, 1972 N.C. App. LEXIS 1983 (N.C. Ct. App. 1972).

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Opinion

MORRIS, Judge.

Upon appeal from an award of the Industrial Commission, our inquiry is limited to two questions of law: (1) Whether there was any competent evidence before the Commission to support its findings of fact; and (2) Whether the findings of fact of the Commission justify its legal conclusions and decision. Bailey v. Dept. of Mental Health, 272 N.C. 680, 159 S.E. 2d 28 (1968). The Industrial Commission’s findings of fact are conclusive on appeal when supported by competent evidence. G.S. 143-293. This is true even when there is evidence which would support findings to the contrary. Bailey v. Dept. of Mental Health, supra.

We hold that the findings of the Commission that plaintiff was an invitee of defendant, that plaintiff was injured by a negligent act on the part of a State employee acting in the scope of her employment, and that plaintiff was not contributorily negligent are supported by competent evidence. See Crawford v. Board of Education, 3 N.C. App. 343, 164 S.E. 2d 748 (1968), aff’d 275 N.C. 354 (1969). Similarly we hold that the findings of fact are sufficient to support the Full Commission’s conclusion that plaintiff was entitled to recover.

*594 The opinion and award of the Full Commission is

Affirmed.

Judges Brock and Hedrick concur.

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MORRIS, Judge.

Upon appeal from an award of the Industrial Commission, our inquiry is limited to two questions of law: (1) Whether there was any competent evidence before the Commission to support its findings of fact; and (2) Whether the findings of fact of the Commission justify its legal conclusions and decision. Bailey v. Dept. of Mental Health, 272 N.C. 680, 159 S.E. 2d 28 (1968). The Industrial Commission’s findings of fact are conclusive on appeal when supported by competent evidence. G.S. 143-293. This is true even when there is evidence which would support findings to the contrary. Bailey v. Dept. of Mental Health, supra.

We hold that the findings of the Commission that plaintiff was an invitee of defendant, that plaintiff was injured by a negligent act on the part of a State employee acting in the scope of her employment, and that plaintiff was not contributorily negligent are supported by competent evidence. See Crawford v. Board of Education, 3 N.C. App. 343, 164 S.E. 2d 748 (1968), aff’d 275 N.C. 354 (1969). Similarly we hold that the findings of fact are sufficient to support the Full Commission’s conclusion that plaintiff was entitled to recover.

*594 The opinion and award of the Full Commission is

Affirmed.

Judges Brock and Hedrick concur.

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190 S.E.2d 392, 15 N.C. App. 592, 1972 N.C. App. LEXIS 1983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stroud-v-north-carolina-memorial-hospital-ncctapp-1972.

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