El Escorial Owners' Ass'n v. DLC Plastering, Inc.

Opinion

GILBERT, P. J.

Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share of damages. The trial court has acted within its discretion.

Plaintiff El Escorial Owners’ Association (Escorial), a condominium association, appeals a judgment, partially in its favor, in its…