STATE HEALTH PLAN FOR TEACHERS v. BARNETT

No. COA12-999.

744 S.E.2d 473 (2013)

The STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, Plaintiff v. Jennifer BARNETT and Eugene W. Ellison, Defendants.

Court of Appeals of North Carolina.

May 7, 2013.


Attorney(s) appearing for the Case

Attorney General Roy Cooper , by Special Deputy Attorney General Heather H. Freeman , for plaintiff-appellee.

Constangy, Brooks & Smith, LLP, by Michelle Rippon , for defendant-appellant Eugene W. Ellison.


CALABRIA, Judge.

Eugene W. Ellison ("Ellison") appeals the trial court's order granting summary judgment in favor of The State Health Plan for Teachers and State Employees ("State Health Plan" or "plaintiff"). We affirm.

I. Background

On 3 September 2007, Jennifer Barnett ("Barnett") sustained injuries in an automobile accident caused by a third party. Plaintiff provided Barnett, a State Health Plan member, with $73,075.43 in benefits for...

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