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Appellate Law

: North Carolina Appellate Blog

COA Reverses Res Judicata Ruling

By Sean E. Andrussier

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Today, in a product liability action, the Court of Appeals (COA) held that the trial court erred in dismissing claims based on res judicata. The case is Skeen v. Warren & Sweat Mfg. The decision is unpublished. Judge Jackson concurred in the result only.Plaintiff filed a number of claims: negligence, breach of warranty, fraud, and unfair/deceptive trade practices (UDTP). Plaintiff then took a voluntary dismissal of the first two claims (negligence and warranty). Summary judgment was gr read more

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Full post as published by North Carolina Appellate Blog on March 04, 2008 (boomark / email).

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