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MENARD BY AND THROUGH MENARD v. JOHNSON

No. 911SC78.

411 S.E.2d 825 (1992)

105 N.C. App. 70

Paul David MENARD, an infant, by and through his guardian ad litem, Paul F. MENARD, and Paul F. Menard, Individually, Plaintiffs, v. Ronald Edward JOHNSON, Jr., Defendant. and Neal Owen PARKS, Defendant and Third Party Plaintiff, v. Ronald Edward JOHNSON, Sr., Third Party Defendant.

Court of Appeals of North Carolina.

January 7, 1992.

Attorney(s) appearing for the Case

D. Keith Teague, P.A., by D. Keith Teague, Elizabeth City, for defendant-appellant, Ronald Edward Johnson Jr., and third party defendant-appellant, Ronald Edward Johnson, Sr.

Hornthal, Riley, Ellis & Maland, by L.P. Hornthal, Jr. and John D. Leidy, Elizabeth City, for defendant-appellee.

EAGLES, Judge.

The sole issue raised by this appeal is whether a defendant who settles with a plaintiff and invokes G.S. 1B-4 to bar a cross claim for contribution from a co-defendant also extinguishes his rights to pursue his own cross claim or counterclaim against the same co-defendant for damages (personal and property) allegedly inflicted upon him by the co-defendant. We hold that the defendant does not lose his right to cross claim or counterclaim.

Parks...

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