KING v. CRANFORD, WHITAKER & DICKENS

No. 896SC133.

385 S.E.2d 357 (1989)

Tommy J. KING, David B. King, Steven J. King, and Sally Melissa King, minor, by her guardian ad litem, Walter Brodie Burwell, Plaintiffs, v. CRANFORD, WHITAKER & DICKENS, a North Carolina Partnership, Dwight L. Cranford, Cary A. Whitaker, Bradley A. Elliott, Wendell C. Moseley, Howard A. Knox, Jr., Robert D. Kornegay, Jr., and Knox and Kornegay, a North Carolina Partnership, Defendants.

Court of Appeals of North Carolina.

November 7, 1989.


Attorney(s) appearing for the Case

Beskind & Rudolf by Donald H. Beskind and Andrea A. Curcio, Chapel Hill, for plaintiffs-appellants.

Baker, Jenkins & Jones by Ronald G. Baker, Ahoskie, for defendants, Bradley A. Elliott and Wendell C. Moseley.

Battle, Winslow, Scott & Wiley by J. Brian Scott, Rocky Mount, for Cranford, Whitaker & Dickens, a North Carolina Partnership, Dwight L. Cranford and Cary A. Whitaker.

Valentine, Adams, Lamar, Etheridge & Sykes by William D. Etheridge and L. Wardlaw Lamar, Nashville, for defendants, Howard A. Knox, Jr. Robert D. Kornegay, Jr., and Knox and Kornegay, a North Carolina Partnership.


ARNOLD, Judge.

Plaintiffs contend the trial court erred in granting defendants' motion for summary judgment. Plaintiffs argue that they did not elect their remedy by agreeing to a settlement of the declaratory judgment action.

Summary judgment is appropriate when there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law. N.C.G.S. § 1A-1, Rule 56. The parties to the malpractice action agreed on a set of...

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