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Sterling v. Gil Soucy Trucking9/18/2001
would be advisory, in contravention of well-settled case law. Funk v. Masten, 121 N.C. App. 364, 365, 465 S.E.2d 322, 324 (1996). As such, this assignment of error is overruled.
B.
Next, Soucy Trucking and Caron argue that the trial court erred in its 23 May 2000 and 6 July 2000 orders in concluding that the post-judgment settlements between the plaintiff and the third-party defendants (Jennifer and Clayton Lowman and West) constitute a full release given in good faith pursuant to N.C.G.S. § 1B-4 because Soucy Trucking and Caron were not given the same opportunity to settle for a like amount. Appellant counsel's argument on the issue is the same as to each third party defendant, therefore we address the issue collectively.
The Uniform Contribution Among Tort-Feasors Act is silent as to what constitutes "good faith". Brooks v. Wal-Mart Stores, Inc., 139 N.C. App. 637, 644, 535 S.E.2d 55, 60(2000). To determine if a settlement is made in good faith, the Brooks court adopted a 'totality of the circumstances' approach "which involves consideration of all available relevant facts,[ ]and 'places [both] the decision of whether or not a settlement is made in good faith,' [ ] and what 'type of proceeding conduct to determine good faith in an individual case,' [ ] in the sound discretion of the trial court." (internal citations omitted). Id. at 646, 535 S.E.2d at 62. Accordingly, a finding that a settlement was made in good faith pursuant to N.C.G.S. § 1B-4 may be reversed only if the court's ruling is so arbitrary that it could not be the result of a reasoned decision. Id. at 647, 535 S.E.2d at 62.(citations omitted).
In the present case, the trial court held hearings and found that both settlements were made in good faith and in the best interest of the minor Plaintiff. The transcripts of the settlement hearings reveal that the trial court gave careful consideration to the proposed settlements and to the potential ramification of the settlement should a new trial be ordered. The approved settlements were for the precise amount of the third-party defendants' pro rata share of the jury verdict. Soucy Trucking and Caron had the burden of proving that the settlements were not made in good faith. Wheeler v. Denton, 9 N.C. App. 167, 170, 175 S.E.2d 769, 772 (1970). However, the trial court by its ruling concluded defendants had not met their burden. "The mere showing that there has been a settlement" between an injured party and a tort-feasor is insufficient to "show that there has been a lack of good faith" in the settlement. Wheeler at 171, S.E.2d at 772 (1970).
We find that the trial court's determination that the settlements were made in good faith appear to "have been the result of a reasoned decision." Brooks at 647, 535 S.E.2d at 62. Accordingly, we hold that the trial court did not abuse its discretion in approving the post-judgment settlements between plaintiffs and third-party defendants and thus we conclude there was no error.
NO ERROR.
Judge TIMMONS-GOODSON concurs.
GREENE, Judge, concurring in the result.
I believe: (I) Christopher's records from the Emerson Waldorf School (School) were inadmissible hearsay, and (II) plaintiffs' post-judgment settlements with the Lowmans and West were not sanctioned by Chapter 1B of our General Statutes. Nonetheless, as plaintiffs have not been prejudiced by these errors, I concur in the result.
I.
"`Hearsay' is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." N.C.G.S. § 8C-1, Rule 801(c) (1999).
In this case, one
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