NEIL v. KAVENA

No. 1 CA-CV 91-326.

176 Ariz. 93 (1993)

859 P.2d 203

Catherine NEIL and Alex Neil, wife and husband, Plaintiffs/Appellants, v. Cedric F. KAVENA and Karen Grace Kavena, his wife, and Samcor, Inc., dba Good Samaritan Hospital, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department A.

August 31, 1993.


Attorney(s) appearing for the Case

Copple, Chamberlin & Boehm, P.C. by Scott E. Boehm, Steven D. Copple, Phoenix, for plaintiffs/appellants.

Rake, Downey, McGovern, Shorall & Cohen, P.C. by Don C. Stevens, II, Jones, Skelton & Hochuli by David C. Lewis, Phoenix, for defendants/appellees.


OPINION

EHRLICH, Presiding Judge.

The sole issue in this appeal is whether a non-settling defendant in a medical malpractice action, who is severally liable, is entitled to a credit of the amount received by the plaintiffs in settlement of a related action for the same injury from other defendants. For the following reasons, we reverse the trial court's determination that the defendant is entitled to such a credit.

FACTS AND PROCEDURAL HISTORY

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