Search Site
Menu

Implications of a settlement with one of two (or more) defendants.

In the chess match that can take place in the course of litigating personal injury cases, one topic has especially fascinated me. It involves the situation where you sue two defendants but settle prior to the trial with one of them. The Supreme Judicial Court has clarified an ambiguity which carried into the 1990s. That clarification, in the case of Morea v. Cosco, Inc., 422 Mass. 601 (1996), prohibits the fact of a settlement to come into evidence in a trial against the remaining defendant. To be sure, there are exceptions where this exclusion will not apply. For the most part, however, the rule establishes that the settlement is not admissible. The Supreme Judicial Court made this decision so that settlements can be encouraged with one party. Also, the adjustment for the settlement will be done by the judge as there has to be an offset for the amount that was paid to the plaintiff by the settling tortfeasor. The Massachusetts’s Guide to Evidence, Rule 408, codifies the rule of Morea v. Cosco.

All of this is heartwarming news to plaintiffs. It affords flexibility for there may be times when a resolution against one defendant is preferred. In other circumstances, it may be that the injured party may prefer to have both defendants in the trial of the personal injury action. However, it is always nice to have the choice and your lawyer can advise you, the injured party, which is the preferred strategy. Happily, if it turns out that the better approach is to settle against Defendant 1 while leaving the case open against Defendant 2 – probably the more common approach – the evidentiary implications are known in advance.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    I’m a college student in the Boston area who suffered a pedestrian personal injury in December of 2022. Thankfully I was put into contact with Feinberg & Alban PC and I worked closely with Robert and Perry Feinberg who treated me with respect and f...

    Read more

    Anne O'Leary

  • google
    5.0/5.0

    Alexis Cahill was great, professional, and was open for me to contact on any questions I may have had during the process. Feinberg & Alban PC's services were nice as well, and I'd recommend them due to the transparency, what they were able to negotia...

    Read more

    Branden B.

  • google
    5.0/5.0

    My mom had a great experience with Feinberg as her attorney, after she fell near her house, and he took her under his wing. Mr. Feinberg was helpful, very organized and kind. He helped my mom a lot, very happy with results

    Read more

    Jane sungurov

  • google
    5.0/5.0

    I have been using Marsha Alban's services and advice for many years. Initially, I interviewed several lawyers, and Marsha was definitely the best! She took time to listen, she was very compassionate, and she explained everything in detail and answere...

    Read more

    Rena Sikarova

  • google
    5.0/5.0

    Wish I could give higher than a 5 for this review. From the start the dedication to detail, care and skill that was applied to my case was outstanding. Robert Feinberg is exceptional at representing his clients. His depth & breadth of experience make...

    Read more

    Rose M

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form