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Perrett v. Sumner

Res Judicata barred the plaintiff's negligence action, since the trial court's judgment for the defendant in an earlier litigation was a final adjudication on the merits, even though the court struck the plaintiffs' pleadings, including their compulsory counterclaim, as a discovery sanction in the prior action.

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Michael and Annette Perrett sued James F. Sumner “individually and f/k/a Sumner Bros. Underground Utilities” in the Superior Court of Gilmer County for negligence, breach of contract, and cancellation of a mechanic’s lien relating to clearing and grading work performed on the Perretts’ property. The trial court granted summary judgment to Sumner, and the Perretts appeal. For reasons that follow, we affirm. Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.1 We review the trial court’s grant of summary judgment de novo.2

The facts pertinent to this appeal are undisputed. In December 2000, Sumner Bros. Underground Utilities “Sumner Bros.” filed a claim of lien against real estate owned by the Perretts, asserting that the Perretts owed the company $18,423.06 for work it had performed on the property. Sumner Bros. subsequently filed suit in Cherokee County to enforce the lien, and the Perretts counterclaimed, alleging that the company had negligently performed the work and that such performance violated the work contract.

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