Conrad

I. Introduction

In this case we hold that a nonsettling personal injury defendant waives any right to an offset against a judgment for a calculated economic damages portion of a settling defendant’s pretrial lump-sum payment by failing to propose a special verdict which would permit such calculation by differentiating between economic and noneconomic portions of the judgment.

II. Background

Betty Conrad’s right hand was lacerated by a glass bottle manufactured by Ball Corporation, severing tendons and nerves.

Conrad testified as follows: She had purchased the bottle, which contained apple juice, at a supermarket. Upon returning home, she was about to place the bottle in a refrigerator, holding it with her right hand, when she heard an “air like sound” and felt wetness on her hand and feet. She “pulled in” at the bottle and it collapsed in her hand, causing the injury. She then dropped the bottle to the floor, and it shattered. Her husband later retrieved the pieces, most of which a glass technology consultant hired by Ball was able to reconstruct.

Conrad’s expert witness, Glen Stevick, theorized that there were two contributing causes of the bottle’s collapse: (1) a…