The Kroger Company v. Mays

In The Kroger Company v. Mays, 292 Ga. App. 399 (664 SE2d 812) (2008), the Court held that the Kroger defendants and the hospital defendants had been joint rather than successive tortfeasors and remanded the case for a determination of the setoff amount. Id. at 401-402. On remand, the trial court held that the jury's verdict be set off by the entire $ 120,000 settlement. On second appeal, the estate argues that this judgment erroneously ignored the settlement's allocation of $ 105,000 to the heirs' wrongful death claim but only $ 15,000 to the estate's claim for pain and suffering.