Pain v. Sims
283 P.3d 343
Okla. Civ. App.2012Background
- Pain sued Sims after a rear-end collision where Sims was intoxicated by alcohol.
- Pain learned Sims was served alcohol at Snarky's hours before the accident; Snarky's became a defendant via amendment.
- Snarky's settled pretrial for $90,000 in exchange for dismissal and release of claims.
- Trial proceeded against Sims; verdict awarded Pain $85,000 actual damages and $85,000 punitive; court accepted verdict.
- Sims moved for offset of $90,000 settlement against actual damages; trial court granted offset, totaling $176,833.18.
- Sims appealed arguing § 832(H) requires offset; the issue centers on whether Snarky's liability was presented to the jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 832(H) credits apply when the settling party's liability was not submitted to the jury | Pain: no credit because Snarky's liability wasn't before the jury; settlement not applicable. | Sims: credit should apply since Snarky's admitted liability by settlement. | Offered credit does not apply; ghost-tortfeasor liability not presented to the jury. |
Key Cases Cited
- Anderson v. O'Donoghue, 1988 OK 76 (Okla. 1988) (discussed apportionment instruction and pre-trial deduction where not properly objected)
- Cleere v. United Parcel Service, Inc., 669 P.2d 785 (Okla. CIV. App. 1983) (held deduction from verdict for absent tortfeasors via Cleere approach)
- Nichols v. Mid-Continent Pipe Line Co., 933 P.2d 272 (Okla. 1996) (requires jury assessment of settling defendant's ghost tortfeasor liability for § 882(H) credit)
- Capshaw v. Gulf Ins. Co., 107 P.3d 595 (Okla. 2005) (pretrial settlement cannot be used as credit where settling defendant's liability wasn't submitted to jury)