Section 33 Deduction of Settlement Amount
| Library | Damages 2012 |
In cases in which some, but not all, of the defendants settle before trial, “[t]he proper method for calculation [of] damages is first
to deduct from the total damages the amount the plaintiff received from [the] settling defendants and then to apportion
the remaining damages between the plaintiff and non-settling defendants according to their respective percentages of fault.” Ameristar Jet Charter, Inc. v. Dodson Int’l Parts, Inc., 155 S.W.3d 50, 60 (Mo. banc 2005); Kansas City Power & Light Co. v. Bibb...
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