Liberty Corp. v. NCNB National Bank of South Carolina

Because I conclude that the Wrongful Death Act’s anti-subrogation provision, N.C.Gen.Stat. § 28A-18-2(a), “relates to” the operation of Liberty’s ERISA Plan (“Plan”), I dissent.

I

After Mr. Bristow’s accident, the Plan paid $93,829.50 in medical bills on his behalf. Under the North Carolina Wrongful Death Act, Bristow’s personal representative had the right to recover all of these medical costs from the tortfeasor who injured Bristow. N.C.Gen.Stat. § 28A-18-2(b) (“Damages recoverable for death by wrongful act include: (1) Expenses for care, treatment and hospitalization incident to the injury…