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PENNSYLVANIA NAT. MUT. CAS. INS. CO. v. CLARK

No. 7418SC684.

208 S.E.2d 861 (1974)

23 N.C. App. 304

PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, and Perry C. Henson and E. C. Thompson, III, Additional Plaintiffs, v. George E. CLARK, Defendant.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Stephen P. Millikin, Greensboro, for plaintiff appellee.

Gunn & Messick by Robert L. Gunn, Pittsboro, for defendant appellant.

BALEY, Judge.

Defendant contends that the evidence was insufficient to show an agreement for the distribution of proceeds received from the settlement in the negligence action. The trial court has found as a fact that defendant agreed to accept the settlement and knew that plaintiff was to have $27,-485.50 as its part of the settlement. The court also found that defendant agreed to reimburse plaintiff for his pro rata share of the engineering expense.

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