SMITH v. ZUFELT

No. 92SC845.

880 P.2d 1178 (1994)

Charles SMITH and Michael Smith, Petitioners/Cross-Respondents, v. Ronald ZUFELT and Katherine Zufelt, as parents and next friends of Kory Zufelt, and Kory Zufelt, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 11, 1994.


Attorney(s) appearing for the Case

Shand, McLachlan & Newbold, P.C., Michael E. McLachlan, Sheryl Rogers, Durango, for petitioners/cross-respondents.

Crane and Tejada, Alex C. Tejada, Douglas R. Ware, Bethiah Beale Crane, Dawes and Harriss, P.C., Robert C. Dawes, Gail C. Harriss, Durango, for respondents/cross-petitioners.

Fogel, Keating & Wagner, P.C., William L. Keating, Timothy F. Devereux, Denver, for amicus curiae Colo. Trial Lawyers Ass'n.

Montgomery, Green, Jarvis, Kolodny & Markusson, P.C., Dennis H. Markusson, Joyce L. Jenkins, Denver, for amicus curiae Colo. Defense Lawyers Ass'n.


Justice SCOTT delivered the Opinion of the Court.

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...

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