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VAUGHAN v. EDDINS

20844

272 S.C. 238 (1979)

251 S.E.2d 187

James M. VAUGHAN, Administrator of the Estate of James H. Vaughan, Deceased, Plaintiff-Respondent, v. Joe H. EDDINS, d/b/a Joe H. Eddins Trucking and Spreading Service, Kevin Glenn Lisemby, and One 1976 International Trust No. D2327OGA1650, Defendants-Respondents. Ex parte S.C. STATE WORKMEN'S COMPENSATION FUND, Appellant.

Supreme Court of South Carolina.

January 8, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. George C. Beighley, Columbia, for appellant.

William B. Russell, Rock Hill, for plaintiff-respondent.

Forrest C. Wilkerson, Rock Hill, for defendants-respondents.

January 8, 1979.

LEWIS, Chief Justice:

This action was brought against third parties to recover for the alleged wrongful death of an employee whose beneficiaries had been paid Workmen's Compensation benefits. A settlement in excess of the Workmen's Compensation benefits was reduced to judgment at trial; and an order entered by the trial judge directing the distribution of the recovery, including the portion of the funds subject to the statutory subrogation...

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