WIGGINS v. BUSHRANGER FENCE CO.

No. COA96-459.

483 S.E.2d 450 (1997)

Raquel Devone WIGGINS, Administratrix of the Estate of Trevis Marchant Wiggins, Plaintiff, v. BUSHRANGER FENCE COMPANY; Bushranger Enterprises, Inc.; King Holdings, Inc., d/b/a AAA Triangle Fence Company; and AAA Triangle Fence Company, Defendants.

Court of Appeals of North Carolina.

April 15, 1997.


Attorney(s) appearing for the Case

Teague, Campbell, Dennis & Gorham, L.L.P. by George W. Dennis, III and Bryan T. Simpson, Raleigh, for defendants-appellants.

Edwards & Kirby, L.L.P. by David F. Kirby and William B. Bystrynski, Raleigh, for plaintiff-appellee.


COZORT, Judge.

This appeal presents the question of whether the superior court has discretion under N.C. Gen.Stat. § 97-10.2(j) (1991) to eliminate a subrogation lien on worker's compensation benefits paid to a fatally injured employee's family. We hold that it does.

Trevis Wiggins (decedent) was killed on 3 February 1993 while performing his duties as a night supervisor for the Budget Rent-A-Car agency (the agency) near Raleigh-Durham International Airport...

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