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BERG v. FOOTER

Nos. 94-CV-1496, 94-CV-1497.

673 A.2d 1244 (1996)

R. Christian BERG and George Washington University Medical Center, Appellants, v. Marvin P. FOOTER, M.D., Appellee.

District of Columbia Court of Appeals.

Decided March 22, 1996.

Attorney(s) appearing for the Case

Patrick A. Malone for appellant R. Christian Berg.

Nicholas S. McConnell, with whom Mary Lynn Reed was on the brief, for appellant The George Washington University Medical Center.

D. Lee Rutland, with whom William A. Ehrmantraut was on the brief, for appellee.

Before FERREN and STEADMAN, Associate Judges, and GALLAGHER, Senior Judge.

FERREN, Associate Judge:

This case presents two principal questions: (1) When all parties stipulate to a settling defendant's liability in a common law tort action (here a claim for medical malpractice) — without formal adjudication of that liability — is the settling defendant a "joint tortfeasor" for purposes of determining the allowable credit to a nonsettling defendant against whom the jury has awarded full damages for the plaintiff's injury? (2...

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