Fitzmaurice sued Charlotte Regional Medical Center and Dr. D'Angelo for allegedly leaving a surgical pad in his abdomen during an appendectomy. Charlotte Regional settled for $200,000 plus payment of Fitzmaurice's outstanding medical bills. The claim against Dr. D'Angelo proceeded to trial, and the jury awarded Fitzmauirce nearly $400,000. The trial court reduced this sum by a percentage of the settlement already paid by Charlotte Regional. The Second District Court reversed.