Mendenhall v. SKINNER AND BROADBENT CO.

ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

The defendant in this tort case suffered judgment and then sought credit for money paid by a settling co-defendant who had not been added back under the nonparty provisions of the Comparative Fault Act. Is credit available under these circumstances? We hold it is not.

Facts and Procedural History

This case arose out of injuries Dennis Mendenhall suffered when he slipped and fell in a parking lot. Skinner and Broad-bent Co., Inc. owned the parking lot, although it was used by patrons of Stewart Tire Co. The Mendenhalls filed suit against both Stewart…