Section 32 Jury Involvement

• Library: Damages 2012

MAI 1.06 [1983 New] rejects jury consideration of any credit. Instead, the parties:

. . . should make a record out of the hearing of the jury regarding undisputed prior settlement payments made either as an advancement by the defendant or as a partial settlement payment by a joint tort-feasor. The trial judge, as a matter of law, then will take any prior payments into consideration and will credit them on the damages assessed by the jury’s verdict as required by law.

Id. Comm. cmt. (1983 New).

If there is a...