Following a jury trial in a motor vehicle accident case, the non-settling defendant was found 100% liable for the plaintiff's damages.
The non-settling defendant sought to deduct the $150,000 settlement paid by the settling defendant under a Pierringer agreement from the jury's damages award to prevent double recovery.
The court held that while the settlement amount must be deducted to prevent overcompensation, the plaintiff is entitled to first deduct her full indemnity costs of pursuing the settling defendant from the settlement funds, ensuring she is not undercompensated.
