757 S.E.2d 526
N.C. Ct. App.2014Background
- Plaintiff Wood was injured in a May 10, 2006 automobile collision in Harnett County while driving a truck owned by his employer.
- Plaintiff sued Firemen's Insurance Company (UIM carrier) and State Farm (liability carrier); Farm Bureau was dismissed from the action.
- A jury awarded $300,000 in compensatory damages against Nunnery; judgment entered August 31, 2010.
- State Farm paid $30,000 into the clerk’s office; Firemen's paid $202,627.58; plaintiff’s employer’s workers’ compensation lien netted $98,000 after lien reduction.
- The trial court credited these payments as satisfying the judgment; this Court remanded in Wood I for consideration of additional credits.
- On remand, the trial court held only the $30,000 credit from State Farm; denied credits for Firemen's and workers' compensation; defendant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credit for Firemen’s UIM payment | Wood I held no credit for Firemen's; law of the case controls | Firemen's payments should be credited against the judgment | Affirmed: only credit is $30,000; Firemen's credit not allowed. |
| Credit for workers’ compensation net benefit | Net workers’ comp benefit should be credited against the judgment | Law-of-the-case precludes this credit | Affirmed: no credit for workers’ compensation beyond Wood I holding. |
Key Cases Cited
- Wood v. Nunnery, 730 S.E.2d 222 (N.C. App. 2012) (trial court errors; only credit is State Farm’s $30,000; law-of-the-case principle in effect)
- Weston v. Carolina Medicorp, Inc., 438 S.E.2d 751 (N.C. App. 1994) (law-of-the-case doctrine governs subsequent proceedings)