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BLAUVELT BY BLAUVELT v. LANDING

No. 8310SC729.

315 S.E.2d 524 (1984)

Karen E. BLAUVELT, by her Guardian ad Litem, Frank BLAUVELT, Plaintiff, v. Joseph M. LANDING, Capital City Truck Garage and Trucking Company, Inc., and Louis Howard Watkins, Defendants, v. William Franklin LANDING, Additional Defendant.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Hatch, Little, Bunn, Jones, Few & Berry by E. Richard Jones, Jr., Raleigh, for defendant-appellant Louis Howard Watkins.

Moore, Ragsdale, Liggett, Ray & Foley by George R. Ragsdale and John N. Hutson, Jr., Raleigh, for defendants-appellees Joseph M. Landing and William Franklin Landing.

WEBB, Judge.

The question posed by this appeal is whether Louis Watkins, an employee of Capital City, is barred in his claim against Joseph Landing by a release signed by Capital City for all its claims arising from the accident. We hold that Mr. Watkins is not so barred. Capital City had no power to bar Mr. Watkins' claim whatever release Capital City may have signed. It was error to grant the motion for summary judgment on Mr. Watkins' claim against Joseph M. Landing...

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