Reid v. Town of Madison

WYNN, Judge.

The facts in this case are set out in this Court’s opinion in Reid v. Town of Madison, 137 N.C. App. 168, 527 S.E.2d 87 (2000), and are not in dispute. On the basis of that opinion, defendants appeal the trial court’s denial of their motion to dismiss the plaintiffs’ complaint in the instant case on grounds of res judicata. The denial of a motion to dismiss based on res judicata may affect a substantial right so as to permit immediate appeal where there exists the possibility of inconsistent verdicts if the case should proceed to trial. See Wilson v. Watson, 136 N.C. App. 500, 524…