LEONARD v. JOHNS-MANVILLE SALES CORP.

No. 8214SC22.

297 S.E.2d 147 (1982)

Marie R. LEONARD, Administratrix of the Estate of Samuel L. Leonard, Deceased v. JOHNS-MANVILLE SALES CORPORATION, A Delaware Corporation; Unarco Industries, Inc., An Illinois Corporation; GAF Corporation, A Delaware Corporation; Armstrong Cork Company, A Pennsylvania Corporation; Raybestos-Manhattan, Inc., A Connecticut Corporation; Owens-Corning Fiberglass Corporation, A Delaware Corporation; Pittsburgh Corning Corporation, A Pennsylvania Corporation; The Celotex Corporation, A Delaware Corporation; Nicolet Industries, A Pennsylvania Corporation; Forty-Eight Insulation, Inc., An Illinois Corporation; Eagle-Picher Industries, Inc., An Ohio Corporation; Standard Asbestos & Insulation Co., A Missouri Corporation; Owens-Illinois, Inc., An Ohio Corporation; H.K. Porter, A Pennsylvania Corporation; National Gypsum Co., A Delaware Corporation; Fibreboard Corporation, A Delaware Corporation; Garlock, Inc., A Foreign Corporation; Keene Corporation, A New Jersey Corporation; North American Asbestos Corporation, A Foreign Corporation; Carey Canadian Mines, Ltd., A Foreign Corporation; Lake Asbestos of Quebec, Ltd., A Foreign Corporation; Amatex Corporation, A Pennsylvania Corporation, Southern Asbestos Company.

Court of Appeals of North Carolina.

November 16, 1982.


Attorney(s) appearing for the Case

Haywood, Denny & Miller by George W. Miller, Jr. and Michael W. Patrick, Durham, for plaintiff.

Battle, Winslow, Scott & Wiley, P.A. by Marshall A. Gallop, Jr., Rocky Mount, for all defendants-appellees.

Young, Moore, Henderson & Alvis, P.A. by B.T. Henderson, II and William F. Lipscomb, Raleigh, for third party defendant-appellant, Stone & Webster Engineering Corp.


WELLS, Judge.

The sole question before us is whether we will apply the Virginia rule or the North Carolina rule with regard to whether a third party may defeat a negligent employer's subrogation rights when the injured employee sues the third party at common law after recovering worker's compensation benefits from his employer or his employer's insurance carrier. Both North Carolina and Virginia law are clear to the effect that a negligent third party may not seek...

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