Garcia

Garcia v. DURO DYNE CORPORATION

Caution
156 Cal. App. 4th 92·2007 Cal. App. LEXIS 1715·67 Cal. Rptr. 3d 100
Court of Appeal of CaliforniaOctober 16, 2007A113027, A113369California5,923 words

Opinion

Opinion

Stein, J.

Duro Dyne Corporation (Duro Dyne) and Genaro Garcia (Garcia) and his wife Delia Garcia (together, the Garcias) appeal from a judgment entered by the San Francisco Superior Court after a jury found in favor of the Garcias. Duro Dyne contends the trial court erred in (1) denying its motion for judgment notwithstanding the verdict as to the jury’s award of future damages; (2) declining to offset the jury’s economic damages award by settlement payments that had not yet been made; (3) declining to offset the jury’s noneconomic damages award by a portion of the settlement entered into by the Garcias and one of the other defendants; and (4) miscalculating the offset credit for noneconomic damages. The Garcias contend the trial court erred in offsetting the jury’s economic damages award by $64,000 for the releases for cost waivers they entered into with 16 defendants. We reject both parties’ contentions on appeal and affirm the trial court’s judgment, with minor modifications as set forth below.

Factual and Procedural Background

The Garcias brought a personal injury and loss of consortium action against numerous defendants, including Duro Dyne, alleging that Garcia developed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.