Stevenson v. Aquila Foreign Qualifications Corp.
2010 Mo. App. LEXIS 1758
| Mo. Ct. App. | 2010Background
- 2000 accident: Aquila employee negligent, causing Stevenson's neck/back injuries; injuries later treated and surgery performed.
- 2003 accident: Stevenson rear-ended; MRI showed C5-6 herniated disc; July 2003 surgery linked by surgeon to the 2000 accident.
- December 30, 2004: Stevenson filed suit against Aquila seeking damages from the 2000 accident, including medical expenses for the 2003 surgery.
- Durbin and Filley suits (related to 2003 accident) were settled; Aquila sought a set-off under section 537.060 against Stevenson's Aquila judgment based on those settlements.
- Trial court denied Aquila’s motion for set-off; Aquila obtained a jury verdict for Stevenson of $65,000 in the Aquila case.
- Missouri Court of Appeals reviewed whether element of joint liability existed so as to apply 537.060; held it did not, and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does section 537.060 apply to reduce Aquila's judgment? | Stevenson caused by same injuries; Durbin/Filley settlement should credit | Aquila not joint tortfeasor; no predicate for 537.060 | No; no joint liability, no 537.060 credit. |
| May a settling tortfeasor rely on the defense of satisfaction when there is no joint liability? | Stevenson sustained same injuries from multiple tortfeasors | Duty to prove double recovery and joint liability; discovery allowed | Yes, but here theorem not satisfied; burden not met; defense fails |
Key Cases Cited
- Walihan v. St. Louis-Clayton Orthopedic Group, Inc., 849 S.W.2d 177 (Mo. App. E.D. 1993) (sets forth satisfaction concept and when 537.060 applies)
- Barlow v. Thornhill, 537 S.W.2d 412 (Mo. Banc. 1976) (indivisible injury doctrine for joint liability in related accidents)
- Brown v. Kneibert Clinic, 871 S.W.2d 2 (Mo. App. E.D. 1993) (separate torts; joint liability depends on single transaction facts)
- State ex rel. Retherford v. Corcoran, 643 S.W.2d 844 (Mo. App. E.D. 1982) (illustrates causation allocation in multiple independent tortfeasors)
- State ex rel. Nixon v. Dally, 248 S.W.3d 615 (Mo. Banc. 2008) (joinder does not imply joint and several liability; separate liable for separate damages)
- Hogan v. Armstrong World Industries, 840 S.W.2d 230 (Mo. App. W.D. 1992) (allocation of settlements where joint liability exists; indivisible claims)
- Teeter v. Mo. Highway & Transportation Comm'n, 891 S.W.2d 817 (Mo. Banc. 1995) (same injury requires indivisible transaction of facts)
- Elsie v. Firemaster Apparatus, 759 S.W.2d 305 (Mo. App. E.D. 1988) (common-law consideration of multiple tortfeasors and allocation)
- Murphy v. Carron, 536 S.W.2d 30 (Mo. Banc. 1976) (standard of review)