Moody v. Able Outdoor, Inc.

Because plaintiff could have asserted this cause of action in Case I but failed to do so, I vote to reverse the trial court’s order. Any dis*88cussion of Case II is unnecessary to resolve this appeal. I respectfully concur in the result only of the majority’s opinion.

I. Res Judicata

Under the doctrine of res judicata, “a final judgment on the merits in a prior action will prevent a second suit based on the same cause of action between the same parties or those in privity with them.” Thomas M. McInnis & Assoc., Inc. v. Hall, 318 N.C. 421, 428, 349 S.E.2d 552, 556 (1986). “The doctrine of res…