Case Brief Civ Pro unit c basic joinder 1 28 15 Identity of Case King v Blanton 735 S E 2d 451 N C App 2012 Page 619 of the case brief Summary of Facts Procedural History King and Blanton had an MVA Blanton filed a complaint against King and they settled out of court with King paying for Blanton s damages subject to some negotiation that we don t have info about King was represented by an attorney paid for by the insurance company During the original proceedings King never alleged Blanton was responsible in any way or even answered the original complaint A year later King files suit against Blanton claiming that Blanton was solely responsible and requesting damages Dismissed Statement of the Issue Can King raise later an issue that was a mandatory counterclaim to the earlier suit Holding Even though King settled the earlier suit by not bringing a mandatory counter claim any claim which arises from the same occurrence transaction King waives her right to ever bring that suit Reasoning Judicial efficiency But there are some interesting issues Was King s attorney really looking out for her best interest The time for asserting a counterclaim is at the time of pleading which is to say answer King never answered the original complaint does that mean she could have a chance Not really but still interesting to consider Evaluation
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