FOGLEMAN v. D & J EQUIPMENT RENTAL, INC.

No. 9218SC418.

431 S.E.2d 849 (1993)

111 N.C. App. 228

Joel Gregory FOGLEMAN and Tammy Michelle Fogleman v. D & J EQUIPMENT RENTAL, INC.

Court of Appeals of North Carolina.

July 20, 1993.


Attorney(s) appearing for the Case

Smith, Helms, Mulliss & Moore by Richmond G. Bernhardt, Jr. and Deborah L. Hayes, Greensboro, for defendants, appellants A.A. Ryan Ornamental Iron, Inc. and Liberty Mut. Ins. Co.

Smith, Follin & James by Norman B. Smith and Margaret Rowlett, Greensboro, for plaintiffs, appellees.

Adams, Kleemeier, Hagan, Hannah & Fouts by Larry I. Moore, III and David L. Goode, Greensboro, for defendant, appellee D & J Equipment Rental, Inc.


McCRODDEN, Judge.

This action arises out of a claim made by plaintiffs for injuries that plaintiff Joel Fogleman (Fogleman) sustained under circumstances warranting coverage under the Workers' Compensation Act, N.C.Gen.Stat. §§ 97-1 to -101 (1991). The dispositive issue raised by the case is whether it was error for the trial court to apply in this case the amended version of N.C.G.S. § 97-10.2, pertaining to subrogation procedure, which became effective...

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