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LEONARD v. JOHNS-MANVILLE SALES CORP.

No. 697PA82.

305 S.E.2d 528 (1983)

Marie R. LEONARD, Administratrix of the Estate of Samuel L. Leonard, Deceased v. JOHNS-MANVILLE SALES CORPORATION, et al.

Supreme Court of North Carolina.

August 9, 1983.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by McNeill Smith and Gerard H. Davidson, Jr., Greensboro, Battle, Winslow, Scott & Wiley, P.A. by Marshall A. Gallop, Jr., Rocky Mount, Brown & Johnson by C.K. Brown, Jr., Raleigh, Wallace Barwick & Landis, P.A. by Fitzhugh E. Wallace, Kinston, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan by James G. Billings and Thomas N. Barefoot, Raleigh, Bryant, Drew, Crill & Patterson, by Victor S. Bryant, Jr., Durham, and Poisson, Barnhill & Britt by Donald E. Britt, Jr., Wilmington, for defendants-appellants.

Young, Moore, Henderson & Alvis, P.A. by Edward B. Clark and B.T. Henderson II, Raleigh, for Stone & Webster Engineering Corp.

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

MARTIN, Justice.

The issue we must decide is whether in this North Carolina wrongful death action defendant manufacturers are entitled to amend their answers to allege as a pro tanto defense the concurring negligence of decedent's employer who had paid a Virginia workers' compensation claim arising from the asbestosis which ultimately caused decedent's death. For reasons stated below, we hold that defendants in this case may allege as a defense the concurring negligence...

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