Bridges v. Universal Forest Products, Inc.
Bridges v. Universal Forest Products, Inc.
Opinion of the Court
This wrongful death action for both compensatory and punitive damages arose out of a collision between a tractor trailer operated by the defendant Strickland for the corporate defendant and an automobile in which Parks W. Bridges was a passenger. In answering the complaint defendants denied that they were negligent and pled the defense of sudden emergency. Later, defendants filed a third party claim for contribution against the driver of the car, Timothy D. Bridges, alleging that his negligence contributed to the fatal collision. Still later, by an amendment to their answer, defendants added a defense of contributory negligence, alleging that the negligence of Timothy D. Bridges was im
Obviously, there is no unresolved issue in this case for defendants to appeal and the appeal is dismissed. Kendrick v. Cain, 272 N.C. 719, 159 S.E. 2d 33 (1968). The appeal, from the orders dismissing their claim for contribution and striking their contributory negligence defenses to plaintiff s suit and the counterclaim of Timothy D. Bridges, cannot affect this case, which is over and done with. Plaintiffs claims that defendants would resist or obtain contribution for have been judicially resolved to their satisfaction, and the counterclaim of Timothy D. Bridges that they would also resist has been withdrawn and is no longer in the case. The appeal is pursued only because it could affect a case between Timothy D. Bridges and the defendants that is now pending in the federal court. But courts can only determine issues that are before them; they are not licensed to decide abstract questions that may or may not arise in other litigation elsewhere.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.