Fidelholtz V. Peller

We are asked to decide whether former R.C. 2307.32(F), now 2307.33(F),*fn2 entitled a non-settling defendant to set off funds received by a plaintiff pursuant to a settlement agreement with a co-defendant who was never determined to be a tortious party. Because we find that former R.C. 2307.32(F) required that the settling defendant must first be found to be "liable in tort" before a setoff is permitted, we reverse the judgment of the court of appeals and reinstate the jury verdict of $250,001 against appellees.