Legal Opinion
Fidelholtz v. Peller
Ohio Supreme Court
Decided March 11, 1998No. 96-1777PublishedCited by 32 opinions
1Opinion of the Court
Francis E. Sweeney, Sr., J.
We are asked to decide whether former R.C. 2307.32(F), now 2307.33(F),2 entitled a nonsettling defendant to set off funds received by a plaintiff pursuant to a settlement agreement with a co-defendant who was never determined to be a tortious party. Because we find that former R.C. 2307.32(F) required that the settling defendant must first be found to be “liable in tort” before a setoff is permitted, we reverse the judgment of the court of appeals and reinstate the jury verdict of $250,001 against appellees.
Former R.C. 2307.32(F) provided:
*200“When a release or a…
2Cases cited9 opinions
- Chitlik v. Allstate Ins.Ohio Court of Appeals · 1973
- Ziegler v. Wendel Poultry Services, Inc.Ohio Supreme Court · 1993
- Collier v. Eagle-Picher Industries, Inc.Court of Special Appeals of Maryland · 1991
- Rocco v. Johns-Manville Corp.Court of Appeals for the Third Circuit · 1985
- Levi Ex Rel. Levi v. MontgomeryNorth Dakota Supreme Court · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Berge v. Columbus Community Cable AccessOhio Court of Appeals · 1999
- State v. SpauldingOhio Court of Appeals · 2018
- Jameson v. Liquid Controls Corp.Nebraska Supreme Court · 2000
- Barton v. Department of TransportationWashington Supreme Court · 2013
- Broda v. DziwuraSupreme Court of Georgia · 2010
27 more not listed; retrieve them via the Exa API.