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BUCKNER v. CITY OF ASHEVILLE

No. 9210IC1167.

438 S.E.2d 467 (1994)

Billy Dean BUCKNER, Employee, Plaintiff/Appellee, v. CITY OF ASHEVILLE, Employer, Defendant/Appellant. Billy Dean BUCKNER, Plaintiff, v. Wayne Fortune HENSLEY and Does A Through D and Corporations One Through Five, Defendants. CITY OF ASHEVILLE, a Municipal Corporation, Plaintiff, v. Wayne Fortune HENSLEY, Defendant.

Court of Appeals of North Carolina.

January 18, 1994.

Attorney(s) appearing for the Case

James H. Toms & Associates, P.A. by James H. Toms and Christopher A. Bomba, Hendersonville, for plaintiff/employee-appellee.

Nesbitt & Slawter by William F. Slawter, and Asst. City Atty. Sarah Patterson Brison, Asheville, for defendant/employer-appellant.

GREENE, Judge.

City of Asheville (the employer) timely appeals from an order of the Industrial Commission (the Commission) directing that $170,000 received from a settlement with Wayne Fortune Hensley (the tortfeasor) be distributed to Billy Dean Buckner (the employee).

The material facts underlying this appeal are that the employee, while working within the course and scope of his employment as a plumbing inspector for the employer, was injured in an automobile...

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