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MALLOY v. DURHAM COUNTY DEPT. OF SOC. SERV.

No. 8114SC938.

293 S.E.2d 285 (1982)

Sylvia Ann MALLOY, Guardian ad Litem for Vincent N. Cannady, A Minor, Plaintiff, v. DURHAM COUNTY DEPARTMENT OF SOCIAL SERVICES, Intervenor Plaintiff, v. Donna Mae DANIEL and Martin Eugene Daniel, Defendants.

Court of Appeals of North Carolina.

July 6, 1982.

Attorney(s) appearing for the Case

Arthur Vann, Durham, for plaintiff-appellee.

Durham County Atty. Lester W. Owen by James W. Swindell, Durham, for intervenor-plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Steven Mansfield Shaber, Raleigh, amicus curiae for intervenor-plaintiff-appellant.

North Carolina Academy of Trial Lawyers by Thomas F. Loflin, III, and Shirley L. Fulton, Durham, amicus curiae for plaintiff-appellee.

HEDRICK, Judge.

This lawsuit revolves around a controversy about the respective rights of plaintiff and intervenor plaintiff as against the tortfeasor defendants. The intervenor plaintiff contends that to the extent of its subrogated interest under G.S. § 108-61.2, it must prevail over plaintiff with respect to any amount for which the tortfeasor defendants are liable for having injured Vincent N. Cannady, Jr.

The controlling statute in the present case...

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