Austin v. Midgett

STEELMAN, Judge.

The deceased, Medford Jerome Austin (“Austin”), died on 25 October 2000 when he was struck by a vehicle operated by defendant Richard Aaron Midgett (“Midgett”). At the time of the accident, Austin was acting in the course and scope of his employment with the North Carolina Department of Transportation (“DOT”).

Midgett had liability insurance coverage with North Carolina Farm Bureau Mutual Insurance Company (“Farm Bureau”) which was in effect on the date of the accident. The limit of liability insurance coverage under this policy was $50,000.00 per person.

At the time of the…