HOGAN v. JOHNSON MOTOR LINES

No. 7810IC451.

248 S.E.2d 61 (1978)

38 N.C. App. 288

William R. HOGAN, by his guardian, Mary Hogan, Plaintiff, v. JOHNSON MOTOR LINES, Employer, Self-Insurer (Carriers Ins. Co., Reinsurance Carrier), Defendants, Ceco Corporation, Third Party Tort-Feasor.

Court of Appeals of North Carolina.

October 17, 1978.


Attorney(s) appearing for the Case

Wardlow, Knox, Knox, Robinson & Freeman by Charles E. Knox, H. Edward Knox and John S. Freeman, Charlotte, for plaintiff-appellee.

Hedrick, Parham, Helms, Kellam & Feerick by Hatcher Kincheloe and Edward L. Eatman, Jr., Charlotte, for appellants.


PARKER, Judge.

By this appeal the appellants challenge as unconstitutional the provision in G.S. 97-10.2(f)(2) which directs that the attorney fee incurred by the party who effects recovery against a third party tortfeasor be apportioned between and paid by the employee and employer in proportion to the amount which each receives from the recovery. We find the statute constitutional and affirm the order of the Industrial...

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