Irv C. Deal v. William C. Madison

In this suit for wrongful death, defendant claims deductions from the damages in the amount of the settlements paid by three other alleged tortfeasors. Since the total amount of the settlements was more than the damages found by the jury, allowance of the deductions would result in a judgment that plaintiff take nothing from defendants. The trial court denied the deductions and rendered judgment against defendant for the full amount of the damages. Defendant appeals, contending that he is entitled to the deductions under article 2212a(2)(d) of the Texas Revised Civil Statutes (Vernon Supp.1978), and also under the common-law rule stated in Bradshaw v. Baylor University, 126 Tex. 99, 84 S.W.2d 703 (1935) that a plaintiff is entitled to only one satisfaction of his damages. We agree with defendants contentions. Consequently, we reverse the judgment of the trial court and render judgment that plaintiff take nothing.