Jury Should Have Been Told Of Pretrial Settlement.
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Plaintiff was injured in a car accident and sued alleging the drivers and owners of two other vehicles were at fault. One of the defendants settled with plaintiff, but a provision in the settlement required that defendant appear and participate as a party defendant at trial. A jury found the other defendant 60 percent liable to plaintiff. The other defendant appealed, and the Court of Appeal reversed, finding the trial court abused its discretion when it excluded evidence of the pretrial settlement. (Diamond v. Reshko (Cal. App. First Dist., Div. 4; August 20, 2015) (As mod. Sept. 17, 2015) 239 Cal.App.4th 828 [191 Cal.Rptr.3d 438].)
