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Civil Procedure Keyed to Glannon
King v. Blanton
Citation:
735 S.E.2d 451 (N.C. App. 2012)Facts
King and Blanton were involved in a car accident. Blanton sued King in a prior negligence action. The prior action was settled; Blanton dismissed her claims in that action in exchange for a cash settlement. The parties agreed that no counterclaims were filed in the earlier action by King. King subsequently filed this action, now seeking to recover from Blanton for Blanton’s alleged negligence in causing the car accident. Blanton alleged that King’s action should have been filed as a compulsory counterclaim, and moved to dismiss. The court considered documents outside the pleadings on the motion to dismiss, which was treated as one for summary judgment. Blanton’s dismissal motion was granted and King’s complaint was dismissed, with prejudice. King appealed.
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