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AKINS v. MISSION ST. JOSEPH'S HEALTH SYSTEM

No. COA07-1363.

667 S.E.2d 255 (2008)

Tommy AKINS and wife, Stacy Mae Akins, Plaintiffs, v. MISSION ST. JOSEPH'S HEALTH SYSTEM, INC., Defendant.

Court of Appeals of North Carolina.

October 7, 2008.

Attorney(s) appearing for the Case

Law Offices of Grover C. McCain, Jr., by Grover C. McCain, Jr., Chapel Hill, for plaintiff appellants-appellees.

Roberts & Stevens, P.A., by Mark C. Kurdys, Asheville, for defendant appellant-appellee.

McCULLOUGH, Judge.

The dispositive issue on appeal is whether a judgment entered pursuant to N.C. Gen. Stat. § 1A-1, Rule 68(a)(2007), constitutes a "judgment" within the meaning of N.C. Gen. Stat. § 1B-3(e)(2007), such that satisfaction of such judgment discharges all other tort-feasors from liability to the claimant for the same injury. We answer in the affirmative.

The relevant facts and procedural history are as follows: On 3 June 2003, Tommy...

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