California Court of Appeal

In a case involving disabling injuries suffered while working out at defendant's gym with another defendant's equipment, the trial court did not err in reducing plaintiff's award of damages by the full amount of his settlement with the gym. Additionally, in the gym defendant's cross-action for equitable indemnity, the jury's finding that the percentage of fault attributable to "other entities" was zero, is not collateral estoppel so as to bind equipment manufacturer defendant.

Appellate Information

• Decided 01/29/2007
• Published 01/29/2007

Judges

• ALDRICH, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Smith, Chapman & Campbell, Steven C. Smith, William D. Chapman and Robert J. Hadlock, Santa Ana, for Plaintiff and Appellant.


• For Appellees:
  
• Horvitz & Levy, David S. Ettinger, S. Thomas Todd, Encino;  Callahan, McCune & Willis and John J. Tasker, West Los Angeles, for Defendant, Cross-defendant and Appellant., No appearance for Cross-complainant and Respondent.