Brown v. Kassouf

LAVORATO, Justice.

The district court ruled that a settling and a nonsettling plaintiff were bound by a jury’s verdict that an alleged tortfeasor was not at fault. The plaintiffs’ insurance carrier thereby avoided any obligation to pay underin-sured motorist benefits to the plaintiffs. Only the settling plaintiff appealed. The appeal raises the following question: Was the settling plaintiff so connected in interest with the nonsettling plaintiff as to have had a full and fair opportunity to litigate the fault issue? We say yes and affirm.

I. Background Facts and Proceedings.

On April 14, 1990,…