{
  "id": 8549360,
  "name": "JAMES D. SLOOP, JR., Son, CAROL ANNE WHITLOCK, Daughter, and EDNA R. SLOOP, Alledged Widow of JAMES D. SLOOP, DECEASED, Employee v. WILLIAMS EXXON SERVICE, Employer and AETNA CASUALTY & SURETY CO., Carrier",
  "name_abbreviation": "Sloop v. Williams Exxon Service",
  "decision_date": "1974-12-04",
  "docket_number": "No. 7426IC842",
  "first_page": "129",
  "last_page": "131",
  "citations": [
    {
      "type": "official",
      "cite": "24 N.C. App. 129"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "182 S.E. 2d 246",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "11 N.C. App. 631",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8556348
      ],
      "year": 1971,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/11/0631-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "c51f02af13950ba38fa8390a6d8fd24fb2f54cc4a0d666cefc1c97d606f6bb1f",
    "simhash": "1:19b087dff3faed27",
    "word_count": 611
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  "last_updated": "2023-07-14T19:54:40.635509+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Hedrick concur."
    ],
    "parties": [
      "JAMES D. SLOOP, JR., Son, CAROL ANNE WHITLOCK, Daughter, and EDNA R. SLOOP, Alledged Widow of JAMES D. SLOOP, DECEASED, Employee v. WILLIAMS EXXON SERVICE, Employer and AETNA CASUALTY & SURETY CO., Carrier"
    ],
    "opinions": [
      {
        "text": "MARTIN, Judge.\nAppellant Edna Sloop presents a single question for our consideration which can be stated as follows: \u201cDid the' Full Commission err in concluding as a matter of law that a husband and wife are not living separate and apart for \u2018justifiable cause\u2019 within the meaning of G.S. 97-2(14) if they are living separate and apart as a result of a mutual agreement evidenced by a legally executed separation agreement?\u201d\nCounsel for appellant concedes that the Full Commission merely followed this Court\u2019s determination in Bass v. Mooresville Mills, 11 N.C. App. 631, 182 S.E. 2d 246 (1971) where an identical question was posed. However, counsel strongly urges this Court to rethink the question and depart from Bass.\nG.S. 97-39 provides in part that a \u201cwidow\u201d shall, be conclusively presumed to be wholly dependent for support upon the deceased, employee. \u201cThe term \u2018widow\u2019 includes only the decedent\u2019s wife living with or dependent for support upon him at the time of his death; or living apart for justifiable cause or by reason of his desertion at such time.\u201d G.S. 97-2(14). \u201c[T]here is authority in other jurisdictions to the effect that \u2018justifiable cause,\u2019 as that term is employed in statutory provisions similar to our G.S. 97-2(14), may not be interpreted as applicable to separations by mutual consent. [Citations].\u201d Bass, supra, at 633. The Court in Bass considered such authority to be sound and stated at 633-634, \u201c [T] here is no reason why a separated wife who has surrendered all right to look to the husband for support while he is living, should upon his death, receive benefits that are intended to replace in part the support which the husband was providing, or should have been providing.\u201d\nIn reaffirming Bass, we also affirm the opinion and award of the Full Commission.\nAffirmed.\nChief Judge Brock and Judge Hedrick concur.",
        "type": "majority",
        "author": "MARTIN, Judge."
      }
    ],
    "attorneys": [
      "Welling and Miller, by George J. Miller, for plaintiff ap-pellees.",
      "Joseph B. Roberts III and Geoffrey A. Planer, for plaintiff appellant Edna R. Sloop."
    ],
    "corrections": "",
    "head_matter": "JAMES D. SLOOP, JR., Son, CAROL ANNE WHITLOCK, Daughter, and EDNA R. SLOOP, Alledged Widow of JAMES D. SLOOP, DECEASED, Employee v. WILLIAMS EXXON SERVICE, Employer and AETNA CASUALTY & SURETY CO., Carrier\nNo. 7426IC842\n(Filed 4 December 1974)\nMaster and Servant \u00a7 79\u2014 workmen\u2019s compensation death benefits \u2014 separation agreement \u2014 justifiable cause\nA husband and wife were not living separate and apart for \u201cjustifiable cause\u201d within the meaning of G.S. 97-2(14) when they were living- separate and apart as a result of a mutual agreement evidenced by a legally executed separation agreement, and the wife was thus not entitled to receive benefits payable under the Workmen\u2019s Compensation Act for death of the husband.\nAppeal by plaintiff Edna R. Sloop from the North Carolina Industrial Commission\u2019s opinion and award of 31 July 1974. Heard in the Court of Appeals on 12 November 1974.\nOn 19 June 1973 James D. Sloop sustained an injury by accident arising out of and in the course of his employment with defendant employer, and as a direct and proximate result thereof he died on 3 July 1973. A hearing before Deputy Commissioner A. E. Leake resulted in a conclusion of law that Edna Sloop was not the widow of the deceased as defined by G.S. 97-2(14) since she was living separate and apart from him by mutual agreement pursuant to a deed of separation. Since the deceased left no dependents, compensation was distributed to his next of kin under G.S. 29-15(2) and G.S. 29-16(1).. Edna Sloop appealed to the Full Commission which in turn adopted the opinion of the Deputy Commissioner and affirmed his award. Now'she appeals to this Court.\nWelling and Miller, by George J. Miller, for plaintiff ap-pellees.\nJoseph B. Roberts III and Geoffrey A. Planer, for plaintiff appellant Edna R. Sloop."
  },
  "file_name": "0129-01",
  "first_page_order": 157,
  "last_page_order": 159
}