BARNES v. McGEE

No. 7418SC98.

204 S.E.2d 203 (1974)

21 N.C. App. 287

Benjamin Lewis BARNES, by his Guardian Ad Litem, Mrs. James Underwood, and Floyd P. Barnes v. Curtis McGEE et al.

Court of Appeals of North Carolina.

April 17, 1974.


Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Richmond G. Bernhardt, Jr., and Vance Barron, Jr., Greensboro, for plaintiffs-appellants.

Henson, Donahue & Elrod by Perry C. Henson and Richard L. Vanore, Greensboro, for defendants-appellees.


VAUGHN, Judge.

A judgment on the merits in favor of the employee precludes any action against the employer where, as here, the employer's liability is purely derivative. Taylor v. Hatchery, Inc., 251 N.C. 689, 111 S.E.2d 864; Pinnix v. Griffin, 221 N.C. 348, 20 S.E.2d 366.

If the judgment dismissing plaintiffs' action against the employee, McGee, is a judgment on the merits, plaintiffs' right...

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