Whichard v. Oliver

WELLS, Judge.

Defendants first contend that the trial court erred in denying their motion to dismiss the claims of those plaintiffs who did not testify. Defendants argue that since plaintiffs did not bring this action as a Rule 23 class action, there was insufficient evidence to support the claims of the non-testifying plaintiffs.

Plaintiffs were entitled to sue collectively, without being certified as a class for the purposes of a G.S. 1A-1, Rule 23 class ac tion, under the provisions of G.S. 1A-1, Rule 20(a) Permissive Joinder.—

All persons may join in one action as plaintiffs if they assert…