Dodson v. Dubose Steel, Inc.

John Dodson was employed by Dubose Steel, Inc. (Dubose) (defendant) as a long-distance truck driver. While driving a truck for Dubose, Dodson had to merge from the right lane into the left lane. Dubose merged into the left lane, where Troy Campbell, who had no previous relationship with Dubose, was driving. Dubose merged into the left lane despite Campbell’s honking and yelling, and Dubose’s merging truck forced Campbell into a turn lane. At the next stoplight, Campbell yelled at Dodson for almost hitting him. At the following stoplight, Dodson exited his truck, walked up to Campbell’s vehicle, and yelled at Campbell to get out of the vehicle while hitting the hood of Campbell’s vehicle. Campbell hit Dodson with his car while attempting to drive away, killing Dodson. Dodson’s widow, Shelby Dodson (plaintiff), filed a claim for workers’-compensation death benefits. The North Carolina Industrial Commission (the commission) found that the claim was compensable. The commission concluded that the root cause of the dispute between Campbell and Dodson was Dodson’s merging while performing his duties for Dubose, and Dodson’s death was from an assault that originated while Dodson was performing his duties. The commission further concluded that as a long-distance truck driver, Dodson had an increased risk for road-rage incidents and being hit by another vehicle. Dubose appealed, arguing that Dodson’s injuries did not arise out of his employment because they were a result of personal conduct, and that the claim was therefore barred by a North Carolina statute prohibiting the payment of death benefits if the worker’s death was proximately caused by the worker’s willful intention to injure or kill another person.