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HOPKINS v. CIBA-GEIGY CORP.

No. 9218SC321.

432 S.E.2d 142 (1993)

111 N.C. App. 179

David R. HOPKINS, Jr., et al. v. CIBA-GEIGY CORPORATION et al.

Court of Appeals of North Carolina.

July 20, 1993.

Attorney(s) appearing for the Case

Max D. Ballinger, Greensboro, for plaintiffs-appellants.

Adams Kleemeier Hagan, Hannah & Fouts by Larry I. Moore, III and Edward L. Bleynat, Jr., Greensboro, for defendants-appellees Elanco Products Co., a Div. of Eli Lilly and Co., Eli Lilly and Co., The Dow Chemical Co. and DowElanco & Co.

Smith Helms, Mulliss & Moore by Jon Berkelhammer, Greensboro, for defendant-appellee Ciba-Geigy.

ARNOLD, Chief Judge.

We first address whether or not plaintiffs' second voluntary dismissal constituted an adjudication on the merits pursuant to N.C.R.Civ.P. 41(a)(1), thus barring plaintiffs from bringing this action.

Rule 41(a)(1) provides in pertinent part: (a) Voluntary dismissal; effect thereof.— (1) By Plaintiff; by Stipulation.—Subject to the provisions of Rule 23(c) and of any statute of this State, an action or any...

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