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HARDY v. BRANTLEY CONST. CO.

No. 650A87.

366 S.E.2d 485 (1988)

322 N.C. 106

John W. 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.

Supreme Court of North Carolina.

April 6, 1988.

Attorney(s) appearing for the Case

Connor, Bunn, Rogerson & Woodard, P.A. by James F. Rogerson, and Allen G. Thomas and Charles P. Farris, Jr., P.A. by Allen G. Thomas, Wilson, for plaintiffs.

LeBoeuf, Lamb, Leiby & MacRae by Jane Flowers Finch and Albert D. Barnes, Raleigh, for defendants.

Taft, Taft & Haigler by Thomas F. Taft, Kenneth E. Haigler and James M. Stanley, Jr., Greenville, for North Carolina Academy of Trial Lawyers, amicus curiae.

PER CURIAM.

The portion of the Court of Appeals opinion which vacates in part the opinion and award of the Industrial Commission is before us by virtue of the dissenting opinion of Phillips, J. For the reasons stated in the dissenting opinion, that portion of the Court of Appeals opinion is reversed.

We conclude that defendants' petition for discretionary review was improvidently allowed. The result is that the opinion and award of the Industrial Commission...

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