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Marcellena JONES and Rodney Garland Jones v. Tracy Allan JOHNSON and the Insurance Company of Pennsylvania CONSOLIDATED WITH William COURREGE v. Tracy Allan JOHNSON and the Insurance Company of Pennsylvania
Opinions in this case
- Majority
- Majority
In re Jones, Marcellena; Jones, Rodney Garland; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA89-1314; Parish of Pointe Coupee Eighteenth Judicial District Court Div. “B” Number 21,858. Prior report: La.App., 572 So.2d 150. Denied.
This court decided in Dill v. State of Louisiana, Department of Transportation and Development, 545 So.2d 994 (La.1989), that when a plaintiff releases a joint tortfeasor prior to trial, the plaintiffs recovery against the remaining joint tort-feasor is reduced by the amount of fault attributable to the released tortfeasor. The reduction by the court of appeal was therefore correct. See La.Civ.Code art. 1803 and 1804.