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Culler v. Hamlett2/5/2002
In the case sub judice, plaintiff filed a complaint arising out of the 30 June 1993 accident alleging negligence on the part of defendant and the Hamletts. The matter was calendared for trial, however due to a delay in the provision of discovery, the Court granted a continuance of the trial as to defendant Green, and severed issues as to co-defendants Hamletts. The claim against the Hamletts proceeded to jury trial before the Honorable David LaBarre. At the close of plaintiff's evidence, the court directed a verdict against the plaintiff and concluded, in part, that plaintiff was contributorily negligent as a matter of law. Defendant Green then filed his motion for summary judgment based on the trial court's ruling that plaintiff was contributorily negligent as a matter of law. We conclude that the doctrine of res judicata does preclude a re-litigation of whether plaintiff was contributorily negligent as a matter of law in that both law suits arose out of a single action, involved the same set of facts and involve identical issues related to plaintiff's contributory negligence.
Our Supreme Court reached a similar conclusion in Stancil v. McIntyre, 237 N.C. 148, 74 S.E.2d 345 (1953). In that case a truck and automobile were involved in an accident resulting in the death of a passenger in the automobile. The driver of the automobile was denied recovery because she was found to have been contributorily negligent. In a subsequent suit for wrongful death against the truck driver, he filed a claim for contribution against the driver of the automobile. The Court held that the earlier judgment was res judicata on the issue of the automobile driver's negligence. Morever, the Court held that it was not necessary that precisely the same parties were plaintiffs and defendant in the two suits. Lastly, a cause of action determined by an order for directed verdict is a final judgment on the merits. See generally, Evan v. Cowan, 122 N.C. App. 181, 183, 468 S.E.2d 575, 577, aff'd per curiam, 345 N.C. 177, 477 S.E.2d 926 (1996) (citation omitted).
Having determined that the doctrine of res judicata precludes the re-litigation of the issue of plaintiff's contributory negligence, defendant has met its burden to prevail on his motion for summary judgment. To survive the motion, the burden shifts to plaintiff to show that there is a genuine issue for trial. Plaintiff has failed to offer any evidence or counter-affidavits contesting the grounds for summary judgment set forth by defendant. The trial court was left with the bare allegations of plaintiff's complaint and such inferences as could be gathered for the court's adverse examination offered by the defendant. While we recognize that summary judgment is an extreme remedy and rarely granted in negligence actions, we hold that the trial court did not err in granting defendant's motion based on the facts of this case.
Accordingly, we affirm the trial court's grant of summary judgment in favor of defendant.
Affirmed.
Judges MCGEE and TIMMONS-GOODSON concur.
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