Supreme Court of Texas

To establish entitlement to settlement credits, under Chapter 33 of the Texas Civil Practice and Remedies Code, if a nonsettling plaintiff benefited from another plaintiff's settlement proceeds, a nonsettling defendant must file the settlement amount on record, then present evidence that the nonsettling plaintiff benefited from the settlement at issue. If the evidence shows such a benefit, then the court should apply the credit reflecting that benefit unless the plaintiff proves that he or she did not benefit from the settlement.

Appellate Information

• Decided 02/28/2002
• Published 02/28/2002

Judges

• Justice BAKER delivered the opinion of the Court in Parts I-IV, in which Chief Justice PHILLIPS, Justice ENOCH, Justice HANKINSON, Justice O'NEILL, and Justice JEFFERSON join, and delivered a concurring opinion in Part V, in which Justice ENOCH, Justice HANKINSON, and Justice O'NEILL join.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Diana L. Faust,R. Brent Cooper, Cooper & Scully, Dallas, Glen Wilkerson, David M. Davis, Davis & Wilkerson, Austin, for Petitioner.


• For Appellees:
  
• Michael W. Shore, Shore & Fineburg, Dallas, Steven E. Aldous, Donna J. Bowen, Slack & Davis, Austin, for Respondent.