Drilex Systems, Inc. v. Flores
In Drilex Systems, Inc. v. Flores, 1 S.W.3d 112, 42 Tex. Sup. Ct. J. 1121 (Tex.1999), the plaintiffs consisted of the injured person and his family members. One of the defendants settled with all of the plaintiffs prior to trial, distributing specific amounts to each plaintiff. The trial proceeded against Drilex.
At trial, Drilex elected a dollar-for-dollar credit. See former TEX. CIV. PRAC. & REM. CODE 33.012(b)(1) (1995)(allowing damages recovered by "the claimant" to be reduced by a credit equal to "the sum of the dollar amounts of all settlements"); see also TEX. CIV. PRAC. & REM. CODE ANN. 33.012(c) (Vernon Supp. 2004 - 2005).
Construing former TEX. CIV. PRAC. & REM. CODE 33.011(1) & 33.012 (1995) as they existed at the time of Drilex and at the time of the trial in this case, the supreme court held that the plaintiffs must be viewed "as one claimant" and that "the total of all damages to be recovered by the family must be reduced by the total of all settlements received by the family." Drilex Systems, Inc. v. Flores, supra at 122.