Hardy v. Brantley Construction Co.
JOHN H. HARDY v. BRANTLEY CONSTRUCTION COMPANY, Employer, NATIONWIDE MUTUAL INSURANCE COMPANY, Carrier, Defendant JOHN ROGER McKINNEY, Third Party Tort-Feasor (8710IC26) ALBERT R. WELLS, Employee v. BRANTLEY CONSTRUCTION COMPANY, Employer, NATIONWIDE MUTUAL INSURANCE COMPANY, Carrier, Defendant JOHN ROGER McKINNEY, Third Party Tort-Feasor (8710IC27)
Opinion of the Court
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PER CURIAM.
The portion of the Court of Appeals opinion which vacates in part the opinion and award of the Industrial Commission is before us by virtue of the dissenting opinion of Phillips, J. For the reasons stated in the dissenting opinion, that portion of the Court of Appeals opinion is reversed.
We conclude that defendants’ petition for discretionary review was improvidently allowed. The result is that the opinion and award of the Industrial Commission remains in full force and effect.
*107 In plaintiffs’ appeal, reversed.
In defendants’ appeal, discretionary review improvidently allowed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(under N.C.G.S. § 97-90, attorney’s fee taken from employee’s share of judgment may not exceed one-third of amount recovered)
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(for the reasons stated in the dissent)
Cited by 3 cases
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