5 Ps were all passengers in one or the other of two cars that collided.
Actions were brought against the drivers and owners of the cars and the contractor who was repairing the highway and negligently obstructed the view of a stop sign.
Ps recovered a judgment for the same injuries against the state. Ds moved amend their answers to interpose the defense of discharge and satisfaction.
Procedural History:
Trial court allowed motion to amend answers to include defense of discharge and satisfaction.
Issues:
Can a P recover multiple times for the same cause of action?
Holding/Rule:
A P may not recover fully from one P and then proceed to recover from another P since P has already received satisfaction.
Reasoning:
One who has been injured by the joint wrong of several parties may recovery his damages against either or all; but although there may be several suits and recoveries, there can be but one satisfaction.
The State is in the same position as a private individual would be for his negligence.
Dissent:
None.
Notes:
P may bring a series of separate actions against Ds and take each to judgment but may only collect from one.
P's dissatisfaction with the amount of damages may be the basis for an appeal but does not allow P to go after a different D to get more damages.
Any partial satisfaction of a claim must be credited to other parties who are also liable.
In comparative negligence jurisdictions, subtract amount of settlement from judgment and then reduce it by percentage of fault attributed by jury to P. (majority)
If there is a cap on damages and a settlement either…
Reduce judgment to amount of cap and then subtract amount of settlement
Subtract amount of settlement first, then reduce to amount of cap
In jurisdictions that have eliminated J&S liability, setoff is not applicable if settling and non-settling Ds are not J&S liable.
In jurisdictions that allow J&S for economic damages only, non-settling D entitled to setoff for economic damages only; settlement proceeds to be divided between economic and noneconomic damages in the same proportion as the jury's award.
