Malloy v. Daniel

HEDRICK, Judge.

This lawsuit revolves around a controversy about the respective rights of plaintiff and intervenor plaintiff as against the tort-feasor defendants. The intervenor plaintiff contends that to the extent of its subrogated interest under G.S. § 108-61.2, it must prevail over plaintiff with respect to any amount for which the tortfeasor defendants are liable for having injured Vincent N. Cannady, Jr.

The controlling statute in the present case is G.S. § 108-61.2, which has since been replaced by G.S. § 108A-57. G.S. § 108-61.2 provides:

To the extent of payments under this Part [i.e.,…