[DOWNLOAD] "Smith V. Zufelt" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Smith V. Zufelt
- Author : Colorado Supreme Court
- Release Date : January 12, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
In this case we are called upon to decide the appropriate amount of settlement proceeds, if any, that should be offset from a jury award when a plaintiff has both settled with a nonparty and successfully litigated claims for the same injury against nonsettling defendants. After a jury verdict for plaintiff, the trial court reduced the jury award by deducting an amount based on the fault attributed to the settling nonparty, which amount was less than the total settlement paid by the nonparty. The court of appeals reversed, holding that because settlement proceeds are payments from a collateral source, the total settlement amount, less that portion representing attorney fees, should be offset from the amount nonsettling defendants are to pay as damages in accordance with the jury verdict. Smith v. Zufelt, 856 P.2d 8 (Colo. App. 1992).
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