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AUSTIN v. MIDGETT

No. COA02-1127.

583 S.E.2d 405 (2003)

Medford L. AUSTIN, Administrator of the Estate of Medford Jerome Austin, Deceased, Plaintiff, v. Richard Aaron MIDGETT and Theodore Stockton Midgett, Jr., Defendants.

Court of Appeals of North Carolina.

August 5, 2003.

Attorney(s) appearing for the Case

Johnny S. Gaskins, Raleigh, for plaintiff-appellee.

Bennett, Guthrie & Dean, P.L.L.C., by Rodney A. Guthrie and Stanley P. Dean, Winston-Salem, for unnamed defendant-appellant, Integon National Insurance Company.

STEELMAN, Judge.

The deceased, Medford Jerome Austin ("Austin"), died on 25 October 2000 when he was struck by a vehicle operated by defendant Richard Aaron Midgett ("Midgett"). At the time of the accident, Austin was acting in the course and scope of his employment with the North Carolina Department of Transportation ("DOT").

Midgett had liability insurance coverage with North Carolina Farm Bureau Mutual Insurance Company ("Farm Bureau") which was in effect...

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