Neil v. Kavena

OPINION

EHRLICH, Presiding Judge.

The sole issue in this appeal is whether a non-settling defendant in a medical malpractice action, who is severally liable, is entitled to a credit of the amount received by the plaintiffs in settlement of a related action for the same injury from other defendants. For the following reasons, we reverse the trial court’s determination that the defendant is entitled to such a credit.

FACTS AND PROCEDURAL HISTORY

The facts are undisputed. On August 27, 1987, Cedric Kavena, M.D., and Joseph Vander Veer, M.D., performed gallbladder surgery on Catherine Neil at Good…