Outen v. Mical

EAGLES, Judge.

I

Defendants argue that the trial court erred by entering a judgment that runs in favor of plaintiff personally. “Ordinarily stockholders have no right in their name to enforce causes of action accruing to the corporation.” Fulton v. Talbert, 255 N.C. 183, 185, 120 S.E.2d 410, 412 (1961). Thus, in a derivative action, the recovery goes to the corporation. Russell M. Robinson, II, Robinson On North Carolina Corporation Law § 17.2(a) (1990). However, a shareholder may attempt to bring a direct cause of action in addition to a derivative action and might be able to recover…