{ "id": 11919324, "name": "KENT THOMPSON BAITY, Plaintiff v. STEPHEN LESLIE BREWER and PATRICIA FITZGERALD POOLE, Defendants", "name_abbreviation": "Baity v. Brewer", "decision_date": "1996-06-04", "docket_number": "No. COA95-920", "first_page": "645", "last_page": "647", "citations": [ { "type": "official", "cite": "122 N.C. App. 645" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "74 ALR4th 32", "category": "reporters:specialty", "reporter": "A.L.R. 4th", "opinion_index": -1 }, { "cite": "77 ALR3d 366", "category": "reporters:specialty", "reporter": "A.L.R. 3d", "opinion_index": -1 }, { "cite": "47 ALR3d 234", "category": "reporters:specialty", "reporter": "A.L.R. 3d", "opinion_index": -1 }, { "cite": "468 S.E.2d 69", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1996, "pin_cites": [ { "page": "74-75", "parenthetical": "holding that where plaintiff sued both defendants to recover for one indivisible injury, her damages were limited to the \"total recovery\" for that single injury and her award was properly reduced by amount of pre-trial settlement with one defendant" } ], "opinion_index": 0 }, { "cite": "122 N.C. App. 242", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 11916536 ], "year": 1996, "pin_cites": [ { "parenthetical": "holding that where plaintiff sued both defendants to recover for one indivisible injury, her damages were limited to the \"total recovery\" for that single injury and her award was properly reduced by amount of pre-trial settlement with one defendant" } ], "opinion_index": 0, "case_paths": [ "/nc-app/122/0242-01" ] }, { "cite": "180 S.E. 592", "category": "reporters:state_regional", "reporter": "S.E.", "weight": 2, "year": 1936, "pin_cites": [ { "page": "593-94" } ], "opinion_index": 0 }, { "cite": "208 N.C. 289", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8603297 ], "year": 1936, "opinion_index": 0, "case_paths": [ "/nc/208/0289-01" ] }, { "cite": "367 S.E.2d 917", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1988, "pin_cites": [ { "parenthetical": "holding that defendant is entitled to a credit based on the principle that plaintiff can have only one recovery for its injury, rather than on a statutory right of contribution" } ], "opinion_index": 0 }, { "cite": "322 N.C. 113", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2515083, 2518188, 2517520, 2513395, 2513629 ], "year": 1988, "pin_cites": [ { "parenthetical": "holding that defendant is entitled to a credit based on the principle that plaintiff can have only one recovery for its injury, rather than on a statutory right of contribution" } ], "opinion_index": 0, "case_paths": [ "/nc/322/0113-03", "/nc/322/0113-05", "/nc/322/0113-01", "/nc/322/0113-02", "/nc/322/0113-04" ] }, { "cite": "363 S.E.2d 643", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1988, "pin_cites": [ { "page": "662", "parenthetical": "holding that defendant is entitled to a credit based on the principle that plaintiff can have only one recovery for its injury, rather than on a statutory right of contribution" } ], "opinion_index": 0 }, { "cite": "88 N.C. App. 404", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8358357 ], "year": 1988, "pin_cites": [ { "page": "416-16", "parenthetical": "holding that defendant is entitled to a credit based on the principle that plaintiff can have only one recovery for its injury, rather than on a statutory right of contribution" } ], "opinion_index": 0, "case_paths": [ "/nc-app/88/0404-01" ] }, { "cite": "258 S.E.2d 849", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1979, "pin_cites": [ { "page": "855" } ], "opinion_index": 0 }, { "cite": "43 N.C. App. 278", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8551209 ], "year": 1979, "pin_cites": [ { "page": "287" } ], "opinion_index": 0, "case_paths": [ "/nc-app/43/0278-01" ] }, { "cite": "397 S.E.2d 358", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1990, "pin_cites": [ { "page": "360" } ], "opinion_index": 0 }, { "cite": "100 N.C. App. 584", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8527253 ], "year": 1990, "pin_cites": [ { "page": "586" } ], "opinion_index": 0, "case_paths": [ "/nc-app/100/0584-01" ] } ], "analysis": { "cardinality": 443, "char_count": 6092, "ocr_confidence": 0.722, "pagerank": { "raw": 1.0722387630517527e-07, "percentile": 0.5600226113568784 }, "sha256": "e789a94b75caf8bb64dd11628b4e0ceec90e9ac77a2bafc72f85b08462e67f8e", "simhash": "1:0d6194ed3e2f8db1", "word_count": 1002 }, "last_updated": "2023-07-14T15:39:52.508825+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges JOHNSON and WALKER concur." ], "parties": [ "KENT THOMPSON BAITY, Plaintiff v. STEPHEN LESLIE BREWER and PATRICIA FITZGERALD POOLE, Defendants" ], "opinions": [ { "text": "WYNN, Judge.\nOn 8 October 1992, defendant Patricia Fitzgerald Poole (\u201cPoole\u201d) traveled in the left lane of Peters Creek Parkway in Winston-Salem, North Carolina followed by plaintiff Kent Baity (\u201cplaintiff\u2019) who in turn was followed by defendant Stephen Brewer (\u201cBrewer\u201d). An accident occurred when Poole slowed to make a left turn and in response plaintiff slowed his car resulting in Brewer colliding into the rear end of plaintiffs car. Plaintiff suffered serious injury.\nPrior to the trial of the subject action, Brewer settled with the plaintiff for fifty thousand dollars ($50,000), the limits of his insurance policy. Plaintiff in turned signed a release with Brewer and his insurance carrier, releasing them from liability but reserving the right to proceed against Brewer in order to prosecute a claim against the underinsured motorist carriers (UIM carriers). Upon the consent of all parties, the trial court relieved Brewer\u2019s insurance carrier of its duty to defend in the subject case.\nThe case was tried against both defendants. The jury found Poole to be negligent, Brewer not to be negligent, and awarded plaintiff $67,500.\nPoole moved that the trial court grant her a credit for the $50,000 already received by the plaintiff from Brewer for his injury. The trial court denied Poole\u2019s motion for a credit, holding that there cannot be contribution or a credit unless there is joint liability, and since the jury found Brewer not to be negligent there was no joint liability. From this portion of the judgment, Poole appeals.\nOn appeal, Poole contends that the trial court erred when it failed to grant her a credit for the money paid by Brewer to plaintiff. We agree, and therefore reverse the contrary part of the judgment below.\nChapter IB of the North Carolina General Statutes, commonly known as the Uniform Contribution Among Tortfeasors Act, provides that a right of contribution exists \u201cwhere two or more persons become jointly or severally liable in tort for the same injury to person or property . . . .\u201d N.C. Gen. Stat. \u00a71B-I(a) (1983); see also Cox v. Robert C. Rhein Interest, Inc., 100 N.C. App. 584, 586, 397 S.E.2d 358, 360 (1990); Ryder v. Benfield, 43 N.C. App. 278, 287, 258 S.E.2d 849, 855 (1979). Plaintiff contends that defendant Poole is not entitled to contribution from Brewer because the jury did not find that Brewer was a joint tort-feasor. However, while plaintiff correctly states the law regarding contribution among tort-feasors, that law is not applicable here. Defendant Poole based her motion for credit not on any right of contribution under Chapter IB but on the common-law principle that a plaintiff should not be permitted a double recovery for a single injury. See Seafare Corp. v. Trenor Corp., 88 N.C. App. 404, 416-16, 363 S.E.2d 643, 662, disc. review denied, 322 N.C. 113, 367 S.E.2d 917 (1988) (holding that defendant is entitled to a credit based on the principle that plaintiff can have only one recovery for its injury, rather than on a statutory right of contribution).\nIn Holland v. Utilities Co., 208 N.C. 289, 180 S.E. 592 (1936), our Supreme Court stated that \u201cany amount paid by anybody, whether they be joint tort-feasors or otherwise, for and on account of any injury or damage should be held for a credit on the total recovery in any action for the same injury or damage.\u201d Id. at 292, 180 S.E. at 593-94. The Holland decision is in full force and effect in North Carolina, having been cited as controlling authority in the recent case of Ryals v. Hall-Lane Moving and Storage Co., 122 N.C. App. 242, -, 468 S.E.2d 69, 74-75 (1996) (holding that where plaintiff sued both defendants to recover for one indivisible injury, her damages were limited to the \u201ctotal recovery\u201d for that single injury and her award was properly reduced by amount of pre-trial settlement with one defendant). In addition, Holland is cited with approval in \u00a7 885(3) of the Restatement (Second) of Torts, which provides that:\n[A] payment by any person made in compensation of a claim for a harm for which others are liable as tortfeasors diminishes the claim against the tortfeasors, at least to the extent of the payment made, whether or not the person making the payment is liable to the injured person and whether or not it is so agreed at the time of payment or the payment is made before or after judgment.\nRestatement (Second) of Torts \u00a7885(3) (1982) (emphasis supplied) (citing Holland). The rule in Holland is directly on point here and mandates reversal of the portion of the trial court\u2019s judgment denying defendant Poole a credit.\nReversed and remanded for proceedings consistent with this opinion.\nJudges JOHNSON and WALKER concur.", "type": "majority", "author": "WYNN, Judge." } ], "attorneys": [ "T. Dan Womble for plaintiff-appellee.", "Tuggle Duggins & Meschan, P.A., by J. Reed Johnston, Jr. and Robert A. Ford, for defendant-appellant, Patricia Fitzgerald Poole." ], "corrections": "", "head_matter": "KENT THOMPSON BAITY, Plaintiff v. STEPHEN LESLIE BREWER and PATRICIA FITZGERALD POOLE, Defendants\nNo. COA95-920\n(Filed 4 June 1996)\nDamages \u00a7 53 (NCI4th)\u2014 no double recovery for single injury \u2014 failure to grant defendant credit for monies already received \u2014 error\nBased upon the common law principle that a plaintiff should not be permitted a double recovery for a single injury, the trial court erred in failing to grant defendant a credit for the money previously paid plaintiff by another alleged tortfeasor in this action arising from a multi-car pile-up even though the jury found that the other alleged tortfeasor was not negligent.\nAm Jnr 2d, Damages \u00a7\u00a7 566 et seq.\nAdmissibility of evidence that injured plaintiff received benefits from a collateral source, on issue of malingering or motivation to extend period of disability. 47 ALR3d 234.\nReceipt of public relief or gratuity as affecting recovery in personal injury action. 77 ALR3d 366.\nValidity and construction of state statute abrogating collateral source rule as to medical malpractice actions. 74 ALR4th 32.\nAppeal by defendant from judgment entered 10 May 1995 by Judge Forrest D. Bridges in Forsyth County Superior Court. Heard in the Court of Appeals 22 April 1996.\nT. Dan Womble for plaintiff-appellee.\nTuggle Duggins & Meschan, P.A., by J. Reed Johnston, Jr. and Robert A. Ford, for defendant-appellant, Patricia Fitzgerald Poole." }, "file_name": "0645-01", "first_page_order": 681, "last_page_order": 683 }