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SAIENNI v. ANDERSON

No. 454, 1994.

669 A.2d 23 (1995)

William Q. SAIENNI and Material Transit, Inc., Defendants Below, Appellants, v. Edna R. ANDERSON and Willie Anderson, Jr., Plaintiffs Below, Appellees, and Louise L. Oat, Defendant Below, Appellee.

Supreme Court of Delaware.

Resubmitted to the Court En Banc: August 15, 1995.

Decided: September 11, 1995.

Attorney(s) appearing for the Case

Robert K. Pearce, Trzuskowski, Kipp, Kelleher & Pearce, P.A. Wilmington, for appellants William Q. Saienni and Material Transit, Inc.

Edmund Daniel Lyons, Wilmington, for appellees Edna R. Anderson and Willie Anderson, Jr.

Before VEASEY, C.J., WALSH, HOLLAND, and HARTNETT, JJ. and BALICK, Vice Chancellor.

WALSH, Justice:

In this appeal from the Superior Court, we address the question of whether a joint tortfeasor is entitled to a post-judgment credit for the proceeds of uninsured motorist coverage received by a plaintiff from her insurer. In rejecting a remittitur claim, the Superior Court concluded that the uninsured carrier could not be deemed a joint tortfeasor for contribution purposes. We agree and affirm.

I

This is an appeal by William Q. Saienni...

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