Yardley v. Rucker Bros. Trucking, Inc.

600 P.2d 485, 42 Or. App. 239
CourtCourt of Appeals of Oregon
DecidedSeptember 17, 1979
Docket76-2947, CA 11805; 76-2948
StatusPublished
Cited by15 cases

This text of 600 P.2d 485 (Yardley v. Rucker Bros. Trucking, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yardley v. Rucker Bros. Trucking, Inc., 600 P.2d 485, 42 Or. App. 239 (Or. Ct. App. 1979).

Opinions

[241]*241CAMPBELL, J.

These two cases, consolidated for trial and appeal, arose out of a motor vehicle accident. Plaintiff James Yardley suffered serious physical injuries when his vehicle collided with a truck. He sued for damages. Plaintiff Barbara Yardley sued for loss of consortium. The defendants originally were: Rucker Brothers Trucking, Inc.; Hayes Truck Lines, Inc.; the truck drivers, Delmar Janke and Robert Swigart; and Westates Flagman Escort, Inc. and its employe, Lawrence Edmunson. Prior to trial, plaintiffs settled with Ruck-er Brothers Trucking, Hayes Truck Lines, Swigart and Janke for $275,000. Plaintiffs’ actions proceeded to trial against only the remaining defendants, Westates Flagman Escort, Inc. and Edmunson.

The jury returned a verdict in favor of James Yardley in the amount of $75,000, and in favor of Barbara Yardley in the amount of $26,667 — both figures supposedly the jury’s assessment of plaintiffs’ total damages. Because the prior settlement exceeded the verdicts, pursuant to ORS 18.445 the trial court entered judgments for defendants, Westates Flagman Escort, Inc., and Edmunson.

Plaintiffs appeal, assigning as error: (1) the trial court’s ruling that the jury could be informed that plaintiffs had settled with four of the defendants, but could not be informed of the amount of the settlement or that its verdict against the remaining defendants would be reduced by the amount of the settlement with the prior defendants; (2) the court’s refusal to give a requested instruction on concurrent negligence; and (3) the court’s refusal to admit plaintiffs’ evidence of loss of future income unless plaintiffs also introduced evidence on the present value of future income. Defendants cross-appeal, assigning as error the trial court’s refusal to grant them a directed verdict. We affirm.

[242]*242I

ORS 18.455(l)(a) provides that a plaintiff’s settlement with some but not all of the defendants in a case "reduces the claim against the [remaining defendants] to the extent of "the amount of” the settlement.1 Oregon appellate courts have not previously ruled on the procedures to be employed to effectuate this statute.

ORS 18.455(l)(a) is based upon the Uniform Contribution Among Tortfeasors Act. Annotation, 94 ALR2d 352, 359 (1964). In other states that have adopted the Uniform Act, there is considerable conflict over whether the settlement credit is to be done by the court or by the jury. 94 ALR2d at 357. The Commissioners’ Note to the relevant language of the Uniform Act, quoted in 94 ALR2d at 359, states a preference for the court to deduct the amount of the settlement after the jury returns a verdict for the full amount of the plaintiff’s damages. Despite this legislative history, about half the states that have considered the question permit or require the jury to deduct the amount of the settlement before returning a verdict.

We conclude the better rule is, and hold, that the settlement credit function is for the court, not the jury. We regard this as analogous to comparative negligence cases in which the court reserves the function of making the mathematical calculations required by a jury’s verdict.

[243]*243Various pleading, evidence and jury instruction rules follow from the allocation of the settlement credit function to the court or to the jury. If crediting were to be done by the jury — an approach we here reject— then the parties would have to plead and prove the existence and amount of the settlement, and the court would have to instruct the jury about how to perform the settlement credit function. Given, however, our conclusion that crediting is to be done by the court, then it follows that either: (1) evidence is not admissible about the existence or amount of the settlement; or (2) in appropriate circumstances evidence of the existence of the settlement can be admitted — for for example, to explain why likely defendants are not in the case2 — provided that the court then instructs the jury in unequivocal language to disregard the settlement and return a verdict for the full amount of the plaintiff’s damages.

Applying our analysis of ORS 18.455(l)(a) to the present case, we find no reversible error. On the eve of trial, plaintiffs tendered supplemental and amended complaints in which they alleged the existence and amount of their settlement with four of the original defendants. Plaintiffs seemingly were taking the position that the settlement credit function was for the jury; in any event, plaintiffs were clearly contending that the jury should learn of both the existence and amount of their settlement. The court ruled pretrial that it would perform the settlement credit function, that the jury could be informed of the existence of the settlement, but that the jury could not be informed of the amount of the settlement. As stated above, we agree that crediting the amount of the prior settlement was a function for the court, not the jury. As also stated above, we think it follows that evidence of the amount of the settlement is inadmissible before a jury.

[244]*244Depending upon the circumstances, it might be proper or improper for evidence to be admitted before the jury of the existence of a prior settlement. In this case, given that plaintiffs took the position before the trial court that the jury should be told of both the existence and amount of the settlement, we fail to see how plaintiffs can now claim that the trial court erred in allowing part of their request.

But if evidence of a prior settlement is admitted, we have concluded the court must unequivocally instruct the jury to disregard the settlement and return a verdict for the full amount of the plaintiff’s damages. Here, the court instructed the jury to "arrive at the amount of such damages without regard to any of the other defendants formerly in the case.” During the instructions on comparative negligence, the court also told the jury to assess "the plaintiff’s total money damages.” These instructions approach — but do not meet — the standard we require. What is missing is a specific mandate for the jury to disregard the settlement in arriving at its verdict. However, plaintiffs took no exception to the court’s instructions on this point, and did not request an additional or different instruction on this point.

Also missing is a statement that the court will perform the settlement credit function when entering judgment. However, plaintiffs did not request an instruction to this effect or except to the failure to give such an instruction. Plaintiffs now argue that the court’s pretrial ruling that it would perform the settlement credit function foreclosed them from requesting an instruction informing the jury that the court would perform the settlement credit function. The logic of that argument escapes us.

In sum, any deficiencies in the application of ORS 18.455(l)(a) in this case present no reversible error.

[245]*245II

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Yardley v. Rucker Bros. Trucking, Inc.
600 P.2d 485 (Court of Appeals of Oregon, 1979)

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Bluebook (online)
600 P.2d 485, 42 Or. App. 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yardley-v-rucker-bros-trucking-inc-orctapp-1979.