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KINGSTON v. LYON CONST., INC.

No. COA10-193.

701 S.E.2d 348 (2010)

Carl B. KINGSTON, Petitioner, v. LYON CONSTRUCTION, INC., and PMA Insurance Group, Respondents.

Court of Appeals of North Carolina.

November 2, 2010.

Attorney(s) appearing for the Case

Wallace and Graham, P.A., by Michael B. Pross , Salisbury, for Petitioner.

Hedrick, Gardner, Kincheloe & Garofalo, L.L.P., by Rebecca L. Zoller and M. Duane Jones , Charlotte, for Respondents.

STEPHENS, Judge.

I. Factual Background and Procedural History

Petitioner Carl Benton Kingston was exposed to asbestos while employed by Lyon Construction, Inc. ("Lyon Construction") from 1994 until 2000. In 2006, Petitioner was diagnosed with the asbestos-related disease pleural mesothelioma. On 24 October 2006, Petitioner filed a workers' compensation claim against Lyon Construction and its workers' compensation insurance carrier, PMA Insurance Group...

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