 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Simon v. Coppola11/4/1993
ct in the form of a release or covenant not to execute, reached with a defendant who remains a party but is found not to be at fault is subject to the provisions of § 13-21-111.6, C.R.S. (1987 Repl. Vol. 6A) and is not exempted by the statutory exception by reason of the accompanying contract.
This Conclusion is in accord with cases which have held that settlement proceeds must be deducted from the award when the settling party is designated as a nonparty but found not to be at fault. See generally Smith v. Zufelt, 856 P.2d 8 (Colo. App. 1992); Gutierrez v. Bussey, 837 P.2d 272 (Colo. App. 1992); United States Fidelity & Guaranty Co. v. Salida Gas Service Co., 793 P.2d 602 (Colo. App. 1989).
Thus, pursuant to § 13-21-111.6, C.R.S. (1987 Repl. Vol. 6A), the court should have deducted the $300,000 settlement received by the Simons from defendant Coppola's insurance carrier from the verdict and entered judgment on the reduced amount. Accordingly, I would reverse as to this issue and would remand for entry of an appropriate judgment. In all other respects, I concur with the majority opinion.
|