JAMIESON v. HARRISON

No. 94-466.

532 N.W.2d 779 (1995)

Rick JAMIESON, Appellee, v. Walter HARRISON d/b/a Ginger's Tavern, Appellant.

Supreme Court of Iowa.

May 24, 1995.


Attorney(s) appearing for the Case

Jacob J. Peters, Peters Law Firm, P.C., Council Bluffs, for appellant.

Randall J. Shanks of Gallner & Gallner, P.C., Council Bluffs, for appellee.

Considered en banc.


TERNUS, Justice.

Appellee, Rick Jamieson, agreed to a partial settlement of his claim. We must decide whether the pro tanto credit rule applies to the later judgment obtained by Jamieson against appellant, Walter Harrison, d/b/a Ginger's Tavern. We conclude it does. However, because there is no double recovery under the facts of this case, Harrison is not entitled to a credit for the monies paid pursuant to the settlement. Therefore, we affirm the district court's...

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