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ESTATE OF HARVEY v. KORE-KUT, INC.

No. COA05-1492.

636 S.E.2d 210 (2006)

ESTATE OF Bernard HARVEY, by and through Lilly "Lucy" Mae Harvey, Administratrix of the Estate of Bernard Harvey, Plaintiff, v. KORE-KUT, INC. and Jerry W. McLean, II, Defendant.

Court of Appeals of North Carolina.

November 7, 2006.

Attorney(s) appearing for the Case

Jones, Martin, Parris & Tessner, PLLC, by G. Christopher Olson, Raleigh, for plaintiff appellee.

Teague, Campbell, Dennis & Gorham, LLP, by J. Matthew Little and Matthew W. Skidmore, Raleigh, for employer-appellee.

Cranfill, Sumner & Hartzog, LLP, by William W. Pollock and Jennifer A. Addleton, Raleigh, for defendant appellant.

McCULLOUGH, Judge.

Defendants, Kore-Kut, Inc. ("Kore-Kut") and Jerry McLean, appeal from the entry of an order granting plaintiff's motion to strike or dismiss the defense of employer-appellee SCI Corporation's ("SCI"), negligence pled in defendants' answer. We reverse and remand.

This appeal arises from a suit filed against a third party, Kore-Kut and its employee, subsequent to a settlement entered into pursuant to the Workers' Compensation Act between the...

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