§ 1B-3. Enforcement. - North Carolina Statutes

§1B‑3.  Enforcement.

(a)        Whether or notjudgment has been entered in an action against two or more tort‑feasorsfor the same injury or wrongful death, contribution may be enforced by separateaction.

(b)        Where a judgmenthas been entered in an action against two or more tort‑feasors for thesame injury or wrongful death, contribution may be enforced in that action byjudgment in favor of one against other judgment defendants by motion uponnotice to all parties to the action.

(c)        If there is ajudgment for the injury or wrongful death against the tort‑feasor seekingcontribution, any separate action by him to enforce contribution must becommenced within one year after the judgment has become final by lapse of timefor appeal or after final judgment is entered in the trial court in conformitywith the decisions of the appellate court.

(d)        If there is nojudgment for the injury or wrongful death against the tort‑feasor seekingcontribution, his right of contribution is barred unless he has either

(1)        Discharged bypayment the common liability within the statute of limitations periodapplicable to claimant's right of action against him and has commenced hisaction for contribution within one year after payment,

(2)        Agreed while actionis pending against him to discharge the common liability and has within oneyear after the agreement paid the liability and commenced his action forcontribution, or

(3)        While action ispending against him, joined the other tort‑ feasors as third‑partydefendants for the purpose of contribution.

(e)        The recovery ofjudgment against one tort‑feasor for the injury or wrongful death doesnot of itself discharge the other tort‑ feasors from liability to theclaimant. The satisfaction of the judgment discharges the other tort‑feasorsfrom liability to the claimant for the same injury or wrongful death, but doesnot impair any right of contribution. Provided, however, that a consentjudgment in a civil action brought on behalf of a minor, or other person underdisability, for the sole purpose of obtaining court approval of a settlementbetween the injured minor or other person under disability and one of two ormore tort‑feasors, shall not be deemed to be a judgment as that term isused herein, but shall be treated as a release or covenant not to sue as thoseterms are used in G.S. 1B‑4 unless the judgment shall specificallyprovide otherwise.

(f)         The judgment ofthe court in determining the liability of the several defendants to theclaimant for the same injury or wrongful death shall be binding as among suchdefendants in determining their right to contribution. (1967,c. 847, s. 1; 1973, c. 465, s. 1; 1975,  c. 866, s. 5.)