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Boykin v. Kim11/1/2005
d have accrued at present value on the settlement amount determined before trial). It would be contrary to the plain meaning of the statute to determine that N.C. Gen. Stat. ยง 1B-4 allows the settling party to be liable beyond the amount of consideration set forth in the release. Where the trial court determined costs and interest beforeentitling the party defendant, Dr. Kim, to set-off, any remaining balance on the judgment was the proper amount for which Dr. Kim is liable. We find no error.
Accordingly, we find no error in the exclusion of testimony by Dr. Steginsky in regard to Dr. Wilburn's standard of care, exclusion of the jury instruction on insulating negligence or the jury instructions as a whole, and we also find no error in the taxing of costs and interests to defendant.
No error.
Judges McGEE and JACKSON concur.
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