Griffin v. McBrayer

The appeal presents this question: Is an unsatisfied judgment against a servant or a partner a bar to another action against the master or the other partner based on the tortious conduct alleged in the prior action? The answer is succinctly stated in Thompson v. Lassiter, 246 N.C. 34, 97 S.E. 2d 492. Denny, J., said: “. . . where the doctrine of respondeat superior is or may be invoked, the injured party may sue the agent or servant alone, and if a judgment is obtained against the agent or servant andi such judgment is not satisfied, the injured party may bring an action against the principal…