{
  "id": 4749751,
  "name": "GEORGE E. FRADY, Employee v. GROVES THREAD/GENERAL ACCIDENT INSURANCE COMPANY, and/or UNITED SPINNERS/HARTFORD INSURANCE COMPANY, Employers, Carriers",
  "name_abbreviation": "Frady v. Groves Thread/General Accident Insurance",
  "decision_date": "1984-11-06",
  "docket_number": "No. 154PA82",
  "first_page": "316",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "312 N.C. 316"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "286 S.E. 2d 844",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1982,
      "opinion_index": -1
    },
    {
      "cite": "56 N.C. App. 61",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8519472
      ],
      "year": 1982,
      "opinion_index": -1,
      "case_paths": [
        "/nc-app/56/0061-01"
      ]
    },
    {
      "cite": "N.C. Gen. Stat. \u00a7 97-29",
      "category": "laws:leg_statute",
      "reporter": "N.C. Gen. Stat.",
      "opinion_index": 0
    },
    {
      "cite": "N.C. Gen. Stat. \u00a7 97-57",
      "category": "laws:leg_statute",
      "reporter": "N.C. Gen. Stat.",
      "opinion_index": 0
    }
  ],
  "analysis": {
    "cardinality": 257,
    "char_count": 3632,
    "ocr_confidence": 0.803,
    "pagerank": {
      "raw": 1.6115555665600208e-07,
      "percentile": 0.6856758830341074
    },
    "sha256": "b51fda1fd37641f8b7bb0efa5c62a05782c9ff941a8f75c941b0a877a42c0c15",
    "simhash": "1:aca1b45e2e1b65b7",
    "word_count": 569
  },
  "last_updated": "2023-07-14T18:10:57.145273+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Justices MARTIN and Frye did not participate in the consideration or decision of this case."
    ],
    "parties": [
      "GEORGE E. FRADY, Employee v. GROVES THREAD/GENERAL ACCIDENT INSURANCE COMPANY, and/or UNITED SPINNERS/HARTFORD INSURANCE COMPANY, Employers, Carriers"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nGeorge Frady, employee-plaintiff, was employed during his entire working life from 1943 until 1973 in the textile industry. He worked in various textile mills, including those of the defendants Groves Thread and United Spinners. Eventually Frady, who smoked cigarettes and suffered from frequent lung infections, developed chronic obstructive lung disease which totally incapacitated him for work. After his employment with Groves Thread Frady worked until 1973 for United Spinners which processed only synthetic fibers. In 1978 he worked briefly at Liken Industries. Uncontradicted medical testimony is that although dust from synthetic fibers is not known to put workers at an increased risk of contracting chronic obstructive pulmonary disease, in Frady\u2019s case it \u201cplayed a part in his current condition,\u201d as did his exposure to cotton dust, his cigarette smoking, and his chest infections.\nFinding that Frady suffered from an occupational disease which caused him to become totally incapacitated for work in 1973 but concluding that under N.C. Gen. Stat. \u00a7 97-57 Frady suffered his last injurious exposure to the hazards of his disease at Groves Thread, the Commission awarded plaintiff compensation against Groves Thread and its insurer at the maximum rate provided by N.C. Gen. Stat. \u00a7 97-29 as it existed in 1973.\nThe Court of Appeals, in an opinion by Judge Arnold, concurred in by Judge Wells and Judge, now Justice, Harry Martin, concluded that the Industrial Commission\u2019s rulings were correct in all respects. We allowed Groves Thread and General Accident\u2019s petition for further review of these determinations.\nBecause he was a member of the Court of Appeals\u2019 panel whose decision is now under review, Justice Martin has taken no part in the consideration or determination of this case. Justice Frye has not participated in the case because he was not a member of the Court when the case was argued. Of the remaining members of the Court there are not four votes either to affirm or reverse the decision of the Court of Appeals. Therefore this decision is left undisturbed but should not be considered as having precedential value.\nAffirmed.\nJustices MARTIN and Frye did not participate in the consideration or decision of this case.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Hassell, Hudson and Lore, by Charles R. Hassell, Jr., for plaintiff appellee.",
      "Kennedy, Covington, Lobdell and Hickman by William C. Livingston, for Groves Thread Company and General Accident Insurance Company, defendant appellants.",
      "Hedrick, Feerick, Eatman, Gardner and Kincheloe by Edward L. Eatman, Jr. and James F. Wood, III, for United Spinners and Hartford Insurance Company, defendant appellees."
    ],
    "corrections": "",
    "head_matter": "GEORGE E. FRADY, Employee v. GROVES THREAD/GENERAL ACCIDENT INSURANCE COMPANY, and/or UNITED SPINNERS/HARTFORD INSURANCE COMPANY, Employers, Carriers\nNo. 154PA82\n(Filed 6 November 1984)\nAppeal and Error \u00a7 64\u2014 absence of majority vote \u2014 Court of Appeals decision undisturbed\nWhere two members of the Supreme Court did not participate in the consideration or decision of a case, and of the remaining members of the Court there are not four votes either to affirm or reverse the decision of the Court of Appeals, the decision is left undisturbed but should not be considered as having precedential value.\nJustices Martin and Frye did not participate in the consideration or decision of this case.\nON defendants Groves Thread and General Accident Insurance Company\u2019s petition for further review of a decision of the Court of Appeals, 56 N.C. App. 61, 286 S.E. 2d 844 (1982), affirming an award against them for total disability caused by chronic obstructive pulmonary disease.\nHassell, Hudson and Lore, by Charles R. Hassell, Jr., for plaintiff appellee.\nKennedy, Covington, Lobdell and Hickman by William C. Livingston, for Groves Thread Company and General Accident Insurance Company, defendant appellants.\nHedrick, Feerick, Eatman, Gardner and Kincheloe by Edward L. Eatman, Jr. and James F. Wood, III, for United Spinners and Hartford Insurance Company, defendant appellees."
  },
  "file_name": "0316-01",
  "first_page_order": 346,
  "last_page_order": 348
}