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WADLE v. JONES

No. 64422.

312 N.W.2d 510 (1981)

Karen K. WADLE, Appellant, v. Frank W. JONES and City of Des Moines, Iowa, Appellees.

Supreme Court of Iowa.

November 25, 1981.

Attorney(s) appearing for the Case

Robert C. Dopf of Binford & Dopf, P. C., Des Moines, for appellant.

Donald C. Hohnbaum and Alan M. Pape of Christianson, Hohnbaum & George, Des Moines, for appellee Jones.

J. M. Sullivan, City of Des Moines, Iowa, Asst. City Atty., for appellee City of Des Moines.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

The principal question raised on this appeal from a judgment awarding damages for personal injuries is whether we should retain the pro tanto credit rule. The trial court applied this rule, allowing a dollar-for-dollar credit against plaintiff's recovery for consideration received from other joint tortfeasors under a settlement agreement. The other issues raised concern opinion testimony by a lay witness, a proposed jury instruction, and a...

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