VELEZ v. TUMA

Docket No. 138952. Calendar No. 5.

821 N.W.2d 432 (2012)

492 Mich. 1

VELEZ v. TUMA.

Supreme Court of Michigan.

Decided July 23, 2012.


Attorney(s) appearing for the Case

Mark Granzotto, P.C., Royal Oak (by Mark Granzotto ), and The Thurswell Law Firm (by Judith A. Susskind ), for Myriam Velez.

Collins, Einhorn, Farrell & Ulanoff, P.C., Southfield (by Noreen L. Slank and Geoffrey M. Brown ) for Martin Tuma, M.D.

Kerr, Russell & Weber PLC, Detroit (by Daniel J. Schulte and Joanne Geha Swanson ) for the Michigan State Medical Society and the American Medical Association.


MARY BETH KELLY, J.

In this joint and several liability medical malpractice case, defendant, Dr. Martin Tuma, seeks a reduction of the final judgment rendered against him by the amount of his codefendants' settlement. This case therefore concerns the interplay between the common-law setoff rule, whereby a jointly and severally liable tortfeasor is entitled to a setoff from any adverse verdict in the amount of the cotortfeasor's settlement, and the noneconomic damages...

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