LYON v. YOUNGER

No. 7723SC133.

241 S.E.2d 407 (1978)

35 N.C. App. 408

Gary Vernon LYON, Plaintiff, v. Sherry Smith YOUNGER, Defendant and Third-Party Plaintiff, v. Timmy Howard LYON, Third-Party Defendant.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

McElwee, Hall & McElwee by John E. Hall, North Wilkesboro, for defendant (third-party plaintiff) appellant.

No appearance contra.


MORRIS, Judge.

Defendant's position is that the release and payment of money by defendant's insurance carrier and ratification of that payment by defendant may amount to an admission of liability by the defendant, but it should bar only defendant's claim for damages to her own property and not her claim for contribution for liability to the original plaintiff. We do not agree. We think this case is controlled by Snyder v. Oil Co., 235 N.C. 119...

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