On Dec. 3, 2020, the Appellate Division gave the plaintiff’s bar an early holiday present. It held that a non-settling successive tortfeasor is not entitled to a pro tanto credit for the amount of an initial tortfeasor’s settlement. Glassman v. Friedel, 2020 WL 7062290; ___ N.J. Super. ___, (App. Div. 2020).
In doing so, the court disapproved the holding in Ciluffo v. Middlesex General Hospital, 146 N.J. Super. 476 (App. Div. 1977). In Ciluffo, plaintiff settled her fall-down case with the property owner for $30,000, and proceeded against the hospital alleging subsequent malpractice with respect to injuries sustained in the fall. The court held that the hospital was entitled to a pro tanto credit for the full $30,000 settlement.
