Furr v. Noland

COZORT, Judge.

The sole issue presented on appeal is whether plaintiff may maintain this action on a claim which was a compulsory counterclaim in a prior lawsuit and on which plaintiff took a voluntary dismissal. We hold that N.C. Gen. Stat. § 1A-1, Rule 13(a) (1990) controls, and we affirm the trial court’s dismissal of the present action.

On 25 June 1986, Steven Furr was operating a truck which collided into a truck operated by Jan Noland. The truck operated by Jan Noland was owned by James Noland; the truck operated by Furr was owned by Frederickson Motor Express Corporation. On 16 May 1987…