Leonard v. Johns-Manville Sales Corp.

MARTIN, Justice.

The issue we must decide is whether in this North Carolina wrongful death action defendant manufacturers are entitled to amend their answers to allege as a pro tanto defense the concurring negligence of decedent’s employer who had paid a Virginia workers’ compensation claim arising from the asbestosis which ultimately caused decedent’s death. For reasons stated below, we hold that defendants in this case may allege as a defense the concurring negligence of decedent’s employer.

Traditionally, this court has held that when the injury giving rise to a negligence claim occurs in…