For the second time in one year, the court held that subsequent medical malpractice defendants are not entitled to a pro tanto (full) credit for an initial tortfeasor’s settlement. Glassman v. Friedel, 249 N.J. 199 (2021).
After plaintiff fractured her ankle in a fall at defendant Juanita’s restaurant, she contended that the medical defendants subsequently negligently operated on the ankle which resulted in her death one month later. After plaintiff settled with Juanito’s for $1,150,000, the medical defendants moved, pre-trial, for a determination that any subsequent judgment must be reduced by the $1,150,000 settlement of the initial tortfeasor.
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