Galloway v. Lawrence

The motions to strike the further defenses were equivalent to demurrers to those defenses. When allowed, the defendant had the right of immediate appeal. Our rule, 4(a), requiring certiorari, is not applicable. Mercer v. Hilliard, 249 N.C. 725, 107 S.E. 2d 554.

The order striking the pleas in bar were based on G.S. 1-540.1. “The compromise, settlement, or release of a cause of action against a person responsible for a personal injury to another shall not operate as a bar to an action by the injured party against a physician or surgeon or other professional practitioner treating such injury for…