HEATH v. BOARD OF COM'RS OF GUILFORD COUNTY

No. 7818SC356.

252 S.E.2d 543 (1979)

40 N.C. App. 233

In the Matter of Ted HEATH, By and Through his father, Donald Heath, Plaintiff, v. BOARD OF COMMISSIONERS OF GUILFORD COUNTY, Defendant and Third-Party Plaintiff, v. Lloyd S. FREEMAN, Third-Party Defendant.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Thomas G. Foster, Jr., Asst. County Atty., and Miles & Daisy by William L. Daisy, Greensboro, for third-party plaintiff-appellant Board of Commissioners of Guilford County.

Bencini, Wyatt, Early & Harris, by William E. Wheeler, High Point, for third-party defendant-appellee Lloyd S. Freeman.


HEDRICK, Judge.

The County first assigns as error the trial court's denial of its motion for partial summary judgment. The County contends that G.S. § 67-13 imposes absolute liability on the dog owner and provides a scheme of indemnification whereby it is entitled to recover from him the amount it paid to the claimant. It also contends that because Freeman was impleaded as a third-party defendant pursuant to Rule 14(a) in the first trial between the claimant...

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