King v. Blanton
735 S.E.2d 451 (N.C.App. 2012)
Legal Analysis
Legal analysis from Dean's Law Dictionary will be displayed here.
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Blanton (D) filed a complaint against King (P) claiming P ran a red light and struck D's vehicle. D alleged that P was negligent and that negligence 'was the sole, direct and proximate cause of the accident, injuries, and damages suffered by D and her motor vehicle. 'Blanton (D) agreed to voluntarily dismiss her claims with prejudice in exchange for a cash settlement. P did not file any counterclaim in response to D's complaint. P filed the present action and alleged that it was D who ran a red light and caused the 23 April 2010 collision, and that D's negligence was the sole proximate cause of injury to P. D filed a motion to dismiss alleging that P's action should have been filed as a compulsory counterclaim to D's 14 July 2010 action. The trial court agreed with D and dismissed P’s complaint. P appealed.
Issues
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Holding & Decision
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