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HARDY v. BRANTLEY CONST. CO.

Nos. 8710IC26, 8710IC27.

361 S.E.2d 748 (1987)

John H. HARDY, Plaintiff, v. BRANTLEY CONSTRUCTION COMPANY, Employer, Nationwide Mutual Insurance Company, Carrier, Defendant, John Roger McKinney, Third Party Tort-Feasor. Albert R. WELLS, Employee, Plaintiff, v. BRANTLEY CONSTRUCTION COMPANY, Employer, Nationwide Mutual Insurance Company, Carrier, Defendant, John Roger McKinney, Third Party Tort-Feasor.

Court of Appeals of North Carolina.

November 17, 1987.

Attorney(s) appearing for the Case

Connor, Bunn, Rogerson & Woodard by James F. Rogerson, and Allen G. Thomas, Wilson, for plaintiff-appellee.

Leboeuf, Lamb, Leiby & MacRae by Jane Flowers Finch and Albert D. Barnes, Raleigh, for defendant-appellant.

COZORT, Judge.

These two cases have been consolidated for opinion because they arise from the same transactions and involve a common issue of law.

Plaintiffs John H. Hardy and Albert R. Wells were seriously injured on 28 October 1983 when struck by an automobile being driving by John Roger McKinney. At the time of the accident Hardy and Wells were employed by defendant Brantley Construction Company and were on the job at the time of the accident. Defendant...

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