Diamond

I.

INTRODUCTION

Christine Diamond was injured while riding as a passenger in a taxi that was involved in a collision with another car. Diamond and her husband, Andrew (the Diamonds), brought a negligence action against the drivers and owners of each vehicle. The Diamonds settled their claims against the taxi driver, Amir Mansouri, the owner of the cab, Antonin Mastalir, and the Yellow Cab Collective (referred to collectively in the singular as Yellow Cab). Pursuant to a provision in the settlement agreement, Yellow Cab agreed to appear and participate as a party defendant at the Diamonds’ jury trial. At the conclusion of the evidence the jury found both drivers were negligent and attributed 60 percent responsibility to the driver of the other car, Serge Reshko, and his mother, Valentina Reshko (the Reshkos). The trial court entered a judgment on the jury verdict holding the Reshkos liable to the Diamonds for $406,698, plus fees and costs.

On appeal, the Reshkos contend the trial court committed structural error by excluding evidence of the pretrial settlement between the Diamonds and Yellow Cab. We hold that, while not structural error, the trial court abused its…