{
  "id": 8555882,
  "name": "IOWA NATIONAL MUTUAL INSURANCE COMPANY v. BARBARA RICE SURRATT",
  "name_abbreviation": "Iowa National Mutual Insurance v. Surratt",
  "decision_date": "1973-11-14",
  "docket_number": "No. 7326DC716",
  "first_page": "745",
  "last_page": "747",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 745"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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    {
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      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1965,
      "opinion_index": 0
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      "cite": "265 N.C. 199",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8574825
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      "year": 1965,
      "opinion_index": 0,
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        "/nc/265/0199-01"
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    {
      "cite": "144 S.E. 2d 877",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1965,
      "opinion_index": 0
    },
    {
      "cite": "265 N.C. 647",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8576612
      ],
      "year": 1965,
      "opinion_index": 0,
      "case_paths": [
        "/nc/265/0647-01"
      ]
    },
    {
      "cite": "129 S.E. 2d 217",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1962,
      "opinion_index": 0
    },
    {
      "cite": "258 N.C. 639",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8562062
      ],
      "year": 1962,
      "opinion_index": 0,
      "case_paths": [
        "/nc/258/0639-01"
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  "analysis": {
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  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Britt and Parker concur."
    ],
    "parties": [
      "IOWA NATIONAL MUTUAL INSURANCE COMPANY v. BARBARA RICE SURRATT"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nThere being no genuine issue as to any material fact, the only question which we must resolve on this appeal is whether plaintiff, as a matter of law, is entitled to contribution from the defendant. A basic prerequisite to plaintiff\u2019s right of contribution is that there be joint tort liability. G.S. 1B-I(a); Pearsall v. Power Co., 258 N.C. 639, 129 S.E. 2d 217 (1962); Wise v. Vincent and Stronach v. Vincent, 265 N.C. 647, 144 S.E. 2d 877 (1965); Clemmons v. King, 265 N.C. 199, 143 S.E. 2d 83 (1965). In the former action instituted by Springs, plaintiff\u2019s insureds and Barbara Rice Surratt were sued as joint tortfeasors. If the jury had returned a verdict finding all defendants negligent, then the present plaintiff\u2019s contention would be meritorious; however, in the original action, the jury found that the injuries and damages sustained by the plaintiff, Paul Springs, did not result from any negligence of the co-defendant Surratt. Plaintiff, in the present case, appears to be acting under the misconception that a jury finding of contributory negligence on Barbara Rice Surratt\u2019s part in her crossclaim against the present plaintiff\u2019s insureds in the original Springs\u2019 action was tantamount to a determination of joint tort liability. Clearly, this is an incorrect interpretation of the judgment and verdict in the original case.\nThe judgment in the Springs\u2019 action is res judicata as to the matter of contribution between plaintiff and defendant Barbara Rice Surratt.\nThe judgment below is\nAffirmed.\nJudges Britt and Parker concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Carpenter, Golding, Crews & Meekins by James P. Crews for plaintiff appellant.",
      "Hollowell, Stott & Hollowell by James C. Windham, Jr., for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "IOWA NATIONAL MUTUAL INSURANCE COMPANY v. BARBARA RICE SURRATT\nNo. 7326DC716\n(Filed 14 November 1973)\nTorts \u00a7 3 \u2014 contribution \u2014 no negligence by one defendant \u2014 contributory negligence in defendant\u2019s cross-action\nPlaintiff insurer is not entitled to contribution from defendant where the jury in a third party\u2019s action against plaintiff\u2019s insureds and against defendant found no negligence on the part of defendant, notwithstanding the jury also found contributory negligence on the 'part of defendant in her cross-action against plaintiff\u2019s insureds.\nAppeal by plaintiff from Stukes, Judge, 18 June 1973 Session of District Court held in Mecklenburg County.\nThis is a civil action in which the plaintiff, Iowa National Mutual Insurance Company, seeks to recover the sum of One Thousand Nine Hundred Dollars ($1,900.00) from the defendant, which sum represents one half of the amount of the judgment recovered against the plaintiff\u2019s insured in a property damage and personal injury automobile accident case previously tried and reduced to judgment in Gaston. County. This former suit involved Paul Springs as plaintiff against co-defendants Fredrickson Motor Lines, Inc. (Motor Lines), Bill Summitt, employee of Motor Lines and operator of a truck involved in the incident (both of whom constitute the plaintiff\u2019s insureds), and Barbara Rice Surratt. There was no appeal from a judgment against the plaintiff\u2019s insureds which was satisfied by the Iowa National Mutual Insurance Company. The jury in the Springs\u2019 action answered the issue as to the negligence of the co-defendant Barbara Rice Surratt in the negative; however, with respect to Barbara Rice Surratt\u2019s cross-action against her co-defendants, the jury found both negligence and contributory negligence.\nWithin one year from the entry of judgment in this former action, Iowa National Mutual Insurance Company brought this suit to enforce its alleged right of contribution against Barbara Rice Surratt.\nAfter both parties had moved for summary judgment, the trial court denied the plaintiff\u2019s motion for summary judgment and for judgment on the pleadings and allowed the motion of the defendant for summary judgment. From this judgment the plaintiff appealed.\nCarpenter, Golding, Crews & Meekins by James P. Crews for plaintiff appellant.\nHollowell, Stott & Hollowell by James C. Windham, Jr., for defendant appellee."
  },
  "file_name": "0745-01",
  "first_page_order": 769,
  "last_page_order": 771
}