Floyd v. Carlisle Const. Co., Inc.

VANCE, Justice.

The question is whether a defendant in a tort claim is entitled to an instruction which would allow the jury to apportion a part of the plaintiffs damage against a joint tort-feasor with whom the plaintiff has settled but who was not named as a party defendant by the plaintiff and whom the defendant did not name as a third-party defendant.

The movant, William Floyd, was injured in a collision between an automobile driven by Steven Whittamore and a road grader operated by Stephen Wood and owned by Carlisle Construction Company. Floyd settled his claim against Whittamore and…