R.L. McCoy, Inc. v. Jack

ON PETITION TO TRANSFER

BOEHM, Justice.

In Mendenhall v. Skinner & Broadbent Co., Inc., 728 N.E.2d 140 (Ind.2000), this Court held that under the Comparative Fault Act no credit should be given to non-settling defendants for amounts paid for the same injury by settling defendants who were not non-party defendants at trial. This case presents the question explicitly left unresolved by that opinion: under Indiana's comparative fault regime, where defendants are severally lable, does a defendant who goes to trial get credit for amounts paid by nonparty defendants who settled the plaintiffs' claims…