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MONTGOMERY v. BRYANT SUPPLY CO.

No. 8810IC142.

373 S.E.2d 299 (1988)

91 N.C. App. 734

May Bell MONTGOMERY, Mother and Next of Kin; Betty Jean S. Montgomery, Guardian Ad Litem of Melvin Montgomery, Dependent Nephew; Stephanie Holiday and Katina Edwards, Alleged Adult Children and Next of Kin; and Tommy R. Crank, Administrator of the Estate of Willie Montgomery, Deceased, Employee, Plaintiffs; v. BRYANT SUPPLY COMPANY, Employer, American Manufacturers Mutual Insurance Company, Carrier, Defendants.

Court of Appeals of North Carolina.

November 1, 1988.

Attorney(s) appearing for the Case

Wm. Benjamin Smith, Charlotte, for plaintiffs-appellants Stephanie Holiday and Katina Edwards.

Hedrick, Eatman, Gardner & Kincheloe by John F. Morris and Brian D. Lake, Charlotte, for defendants-appellees.

PHILLIPS, Judge.

On 18 January 1985 Willie Montgomery, an employee of Bryant Supply Company under the Workers' Compensation Act, died as a result of a work-related accident caused by the negligence of two third-party tort feasors. After the Industrial Commission awarded all the death benefits authorized by G.S. 97-38 to the decedent's nephew, Melvin Montgomery, born 7 February 1972, the funds recovered from the third-party tort feasors in the wrongful death action...

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