SIMMONS v. WILDER

No. 6918SC434.

169 S.E.2d 480 (1969)

6 N.C. App. 179

Edna P. SIMMONS, Administratrix of the Estate of Velma Page Chavis v. R. T. WILDER, M.D.

Court of Appeals of North Carolina.

September 17, 1969.


Attorney(s) appearing for the Case

Sapp and Sapp by W. Samuel Shaffer, II, Greensboro, for plaintiff appellant.

Perry C. Henson and Daniel W. Donahue, Greensboro, for defendant appellee.


VAUGHN, Judge.

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...

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