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WOOD v. WELDON

No. COA02-1311.

586 S.E.2d 801 (2003)

Donna W. WOOD, Administratrix of the Estate of Timothy Joe Wood, Deceased, Plaintiff, v. Monique Nicole WELDON, Defendant, and Unnamed Defendants.

Court of Appeals of North Carolina.

October 21, 2003.

Attorney(s) appearing for the Case

C. Murphy Archibald; Murphy & Chapman, P.A., by Jenny L. Sharpe, Charlotte, for plaintiff-appellant.

Teague, Campbell, Dennis & Gorham, L.L.P., by Bryan T. Simpson and Tracey L. Jones, Raleigh, for defendant-appellant.

MARTIN, Judge.

Defendant Interstate Insurance Company/Harbor Specialty Insurance Company appeals from an order reducing its workers' compensation lien on the proceeds of a settlement received by plaintiff Donna W. Wood as damages for the wrongful death of her husband, Timothy Joe Wood. Plaintiff cross-appeals, contending the trial court should have extinguished defendant's lien altogether.

The record discloses that Timothy Joe Wood, a tow truck operator employed...

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