Mark Nash, Joel Kennedy, David Prosser, Denise Prosser and Jerry Stevens v. Tindall Corporation, formerly Tindall Concrete Products, Inc.

Mark Nash, Joel Kennedy, David Prosser, Denise Prosser, Jerry Stevens, and Joyce Million (collectively Plaintiffs) appeal the trial court's grant of summary judgment to Tindall Corporation. Plaintiffs argue the trial court erred in applying North Carolina's statute of repose and holding as an alternative sustaining ground that Plaintiffs' claims for willful and wanton conduct and gross negligence were barred by the doctrines of res judicata and collateral estoppel. We affirm.[1]

FACTS

Tindall designed prestressed concreted double tees, some of which were used to support the pedestrian footbridge at Lowe's Motor Speedway, formerly Charlotte Motor Speedway, in North Carolina. In September 1995, the double tees were erected at the Speedway.[2] On May 20, 2000, the pedestrian footbridge collapsed.

In North Carolina, the cases involving the walkway collapse were designated as exceptional civil cases and assigned to Judge Erwin Spainhour. The judge managed these cases and heard selected cases. In an order dated October 29, 2002, the judge adopted previous rulings "[i]n the interest of judicial economy and in anticipation of multiple duplicative motions being filed in various pending cases." The order adopted a summary judgment order and a partial summary judgment order involving some North Carolina plaintiffs, who are not involved in this action. As part of this order the judge granted summary judgment on plaintiffs' punitive damages claims against Tindall.

Million brought an action in North Carolina on or about May 14, 2003 and in South Carolina on or about May 20, 2003. The remaining Plaintiffs brought their actions in North Carolina on or about May 15, 2003 and in South Carolina on or about May 20, 2003. North Carolina dismissed Plaintiffs' claims with prejudice on September 19, 2003.

In an order dated March 7, 2005, the trial court in South Carolina granted summary judgment to Tindall after applying North Carolina's statute of repose and holding Plaintiffs' claims were time barred. As an additional sustaining ground, the trial court held Plaintiffs' claims for gross negligence and willful and wanton conduct were barred by res judicata and collateral estoppel. This appeal follows.

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