ESTATE OF MEANS v. SCOTT ELECTRIC CO. INC.

No. COA09-779.

701 S.E.2d 294 (2010)

ESTATE OF Lauren MEANS by Karen MEANS, Co-Administratrix and Michael Means, Co-Administrator, Plaintiffs, v. SCOTT ELECTRIC CO. INC., Defendant.

Court of Appeals of North Carolina.

November 2, 2010.


Attorney(s) appearing for the Case

Alan Toll and Associates, PLLC, by Alan E. Toll , Samuel B. Potter , and Kathryn Roebuck, and Chleborowicz & Theriault, LLP, by Christopher M. Theriault , Wilmington, for plaintiff-appellant.

Cranfill Sumner & Hartzog LLP, by Colleen N. Shea and Norwood P. Blanchard, III , Wilmington, for defendant-appellee.


STEELMAN, Judge.

The trial court did not err by considering pleadings filed in a previous lawsuit concerning the same parties and subject matter in determining whether to grant a Rule 12(c) motion on the basis of collateral or judicial estoppel. Where the earlier lawsuit did not result in a final judgment on the merits, collateral estoppel was inapplicable. Where plaintiffs did not assert factually inconsistent positions in the previous lawsuit, judicial estoppel...

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