Heath ex rel. Heath v. Board of Commissioners

HEDRICK, Judge.

The County first assigns as error the trial court’s denial of its motion for partial summary judgment. The County contends that G.S. § 67-13 imposes absolute liability on the dog owner and provides a scheme of indemnification whereby it is entitled to recover from him the amount it paid to the claimant. It also contends that because Freeman was impleaded as a third-party defendant pursuant to Rule 14(a) in the first trial between the claimant and the County and “was, only by error, dismissed [that] he was bound by the jury’s verdict in the prior action.”

In Heath v. Board of…