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Sterling v. Gil Soucy Trucking9/18/2001
right to contribution for any amount paid in excess of his pro rata share, see N.C.G.S. ยง 1B-1(b) (1999). To hold otherwise would permit the injured plaintiff party to "apportion the loss among joint tort[-]feasors as he sees fit," an option inconsistent with Chapter 1B. See Bishop v. Klein, 402 N.E.2d 1365, 1372 (Mass. 1980).
In this case, plaintiffs were not authorized to settle post judgment with defendants West and Lowmans and the trial court therefore erred in approving the settlements. Because, however, we have not ordered a new trial in this case, defendants Soucy Trucking and Caron have not been prejudiced by the settlements as they cannot be required to pay an amount in excess of their pro rata share of the judgment.
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