Garcia
Garcia v. DURO DYNE CORPORATION
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…