Barnes Ex Rel. Underwood v. McGee

VAUGHN, Judge.

A judgment on the merits in favor of the employee precludes any action against the employer where, as here, the employer’s liability is purely derivative. Taylor v. Hatchery, Inc., 251 N.C. 689, 111 S.E. 2d 864; Pinnix v. Griffin, 221 N.C. 348, 20 S.E. 2d 366.

If the judgment dismissing plaintiffs’ action against the employee, McGee, is a judgment on the merits, plaintiffs’ right to proceed against the employer has been proscribed. In that event alleged errors in dismissing the action against the employer are without practical significance and should not he reviewed on appeal.…