Kroger Co. v. Mays

RUFFIN, Presiding Judge.

William H. Mays III, as representative of the estate of Carrie Lee Mays, (“Mays”) sued The Kroger Company and its pharmacist (collectively, “Kroger”), alleging that the negligent filling of a prescription resulted in harm to Ms. Mays. Following trial, a jury awarded the estate $156,561.90. On appeal, Kroger contends that the trial court erred in concluding that it was not entitled to any set-off from a prior settlement. For reasons that follow, we agree and thus reverse and remand.

Once a trial court has entered judgment on a jury’s verdict, we will affirm if any…