Glidden v. German

WOLLE, Justice.

This appeal raises the question whether the pro tanto credit rule we have previously recognized is affected by our adoption of comparative negligence. We hold that it is not. The trial court should have applied our pro tanto rule rather than a pro rata rule in determining the amount to be credited against each plaintiff’s judgment by reason of the settlement each made with third-party tortfeasors. We therefore reverse.

The facts pertinent to this appeal have been stipulated by the parties. A vehicle driven by one Goc became disabled on the approach to a viaduct in Council…