GLIDDEN v. GERMAN

No. 84-208.

360 N.W.2d 716 (1984)

Randall C. GLIDDEN, Appellee, v. Mark E. GERMAN d/b/a Mark's Super Corner, Appellant. Linda STEVENS and Ross Allen Wilson, A Minor, By His Next Friend, Linda Stevens, Appellees, v. Mark E. GERMAN d/b/a Mark's Super Corner, Appellant.

Supreme Court of Iowa.

December 19, 1984.


Attorney(s) appearing for the Case

Gregory G. Barntsen and Philip Willson of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellant.

Michael J. Winter of Michael J. Winter, P.C., Council Bluffs, for appellees.

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, CARTER, and WOLLE, JJ.


WOLLE, Justice.

This appeal raises the question whether the pro tanto credit rule we have previously recognized is affected by our adoption of comparative negligence. We hold that it is not. The trial court should have applied our pro tanto rule rather than a pro rata rule in determining the amount to be credited against each plaintiff's judgment by reason of the settlement each made with third-party tortfeasors. We therefore reverse.

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