Moore v. Young

We deduce from this record that a settlement of plaintiff’s claim against defendant was negotiated by and between plaintiff and defendant’s liability insurance carrier without defendant’s consent. Except that the settlement was made after plaintiff had instituted this action, and after defendant had asserted his counterclaim, presumably we would have had here a situation equivalent to that in Beauchamp v. Clark, 250 N.C. 132, 108 S.E. 2d 535.

It may be that the jury in this case, which found plaintiff negligent and defendant free of contributory negligence, and awarded defendant $25,000…