Simmons v. Wilder

Prior to 1 October 1961, a release executed in favor of one responsible for the original injury protected a physician or surgeon against a claim based on negligent treatment of the injury. Smith v. Thompson, 210 N.C. 672, 188 S.E. 395. In a later case the Supreme Court reached the same result where the administrator had sued a motorist for the wrongful death of his decedent and during the litigation had entered into a consent judgment which stated that its payment would operate as a full and final settlement of all claims against the motorist. The Supreme Court held that this consent judgment…