Eberle v. Brenner

The plaintiff, Leland J. Eberle, appeals from an order of the circuit court of Adams County granting the defendant, Henry T. Garrolts & Sons, a setoff against the jury verdict awarded against it in favor of the plaintiff. The plaintiff claims the amount paid to him in settlement by another defendant may not be credited against the judgment entered against this defendant as the two defendants were not joint tortfeasors and the liability of the settling tortfeasor was never established.

Many of the facts giving rise to this appeal are set forth in greater detail in the plaintiffs first appeal,…