Carr

On October 10, 1966, plaintiff sustained personal injuries in an automobile collision. Two months later—on December 18, 1966—she was injured in a second accident. In May 1967, she filed a single action against both drivers, to wit, Milton J. Felsen (accident No. 1) and Mary A. Cove (accident No. 2).

In May 1971, she settled her claim for injuries sustained in the first accident with Felsen in the sum of $50,000 and executed a covenant in his favor. In January 1972, her action against Cove came on for trial. Defense counsel made a motion outside the jury’s presence that the $50,000 settlement be set-off against any verdict the jury might return in plaintiff’s favor. The motion was denied. The jury returned a verdict of $35,000 in favor of plaintiff. Cove’s motion for a new trial was denied and she appeals from the $35,000 judgment.

The sole issue on appeal is whether the trial court erred in refusing to set-off the $50,000 settlement realized from accident No. 1 against the $35,000 verdict returned in connection with accident No. 2.

In urging that the trial court erred in refusing to grant a pro tanto reduction of the verdict by the amount of the settlement, Cove relies…