BATTS v. NORTH CAROLINA DEPT. OF TRANSP.

No. COA02-1647.

586 S.E.2d 550 (2003)

Stacy BATTS, Jayquan Batts, and Shayquan Batts, by and through their Guardian Ad Litem, William Lewis King, Plaintiffs, v. Shawan L. BATTS, Defendant, Third-Party Plaintiff, v. North Carolina Department of Transportation, Third-Party Defendant.

Court of Appeals of North Carolina.

October 7, 2003.


Attorney(s) appearing for the Case

Taylor Law Office, by W. Earl Taylor, Jr., Wilson, for plaintiff-appellees.

Walter, Clark, Allen, Herrin & Morano, by Jerry A. Allen, Jr., Goldsboro, for defendant/third-party plaintiff.

Roy Cooper, Attorney General, by Amar Majmundar, Special Deputy Attorney General, for the State.


STEELMAN, Judge.

The issue before this Court, one of first impression, is whether a plaintiff may assert a claim against the State as a third-party defendant in our trial courts. Based on the facts presented in this case, we answer in the affirmative.

This appeal arises out of a motor vehicle collision that took place on 13 May 2001 in Elm City, North Carolina. The accident involved a stop sign that was allegedly obstructed from the view of motorists by tree...

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