Jackson v. Barton Malow Co.

While concurring in the result only, I am compelled to write separately. The fact that this state has a very strong policy favoring settlement is no reason to force an unfair settlement upon a plaintiff or defendant. Reasons inducing settlement are many. Parties settle when they perceive such to be in their best respective interests. The purpose of awarding damages is not to punish the defendant but to award fair compensation to the plaintiff.

P. J. Marutiak, J. (dissenting). I respectfully dissent.

Having determined that plaintiff was damaged in the amount of $400,000 and that plaintiff’s own…