Schwennen v. Abell

LAVORATO, Justice.

In this comparative fault case we must decide whether the defendants are entitled to a credit for an excess payment they voluntarily made on a judgment that was subsequently reversed. The district court refused to give the defendants such a credit. We hold that the defendants were entitled to the credit. We reverse and remand with directions on this issue and on several other related issues raised by the defendants in their appeal.

In her cross-appeal the plaintiff contends she is entitled to a new trial because the district court erred in certain evidentiary rulings. In…