Bowling v. Combs

WHICHARD, Judge.

I

The issue is whether the court erred in allowing a motion by the decedent’s widow to set aside a voluntary dismissal entered in an action for the decedent’s wrongful death brought by an administrator who had purported to settle the action without either approval of a superior court judge or written consent of all parties entitled to receive the damages recovered, see G.S. 28A-13-3(a)(23); in substituting the widow, following the administrator’s resignation and the widow’s appointment as successor personal representative, as party plaintiff in the action; and in allowing the…