POLLARD v. SMITH

No. 311PA88.

378 S.E.2d 771 (1989)

324 N.C. 424

Teddy Glenn POLLARD v. Eugene Paden SMITH, and Eugene Paden Smith, Administrator of the Estate of Margaret Elizabeth Smith.

Supreme Court of North Carolina.

May 4, 1989.


Attorney(s) appearing for the Case

Law Offices of Marvin Blount, Jr. by Marvin Blount, Jr. and Albert Charles Ellis, Greenville, for plaintiff-appellee.

Lacy H. Thornburg, Atty. Gen. by Victor H.E. Morgan, Jr., Asst. Atty. Gen., Raleigh, for The North Carolina Dept. of Crime Control and Public Safety, appellant.


WEBB, Justice.

The Department makes two assignments of error. It says first that it was error for the superior court to order the disbursal of the proceeds from the settlement without notice to the Department. In its second assignment of error the Department contends the court erred in ordering the entire amount of the settlement to be given to the plaintiff.

As to its contention that it was error not to give the Department notice and a chance to be heard...

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