Tuttle

INTRODUCTION

Liability in this slip-and-fall case was uncontested, and several defendants settled with plaintiffs Jack and Megan Tuttle before trial. The last remaining defendant, Ukiah Adventist Hospital d/b/a Ukiah Valley Medical Center (Medical Center), went to trial on the issue of damages, and the court promptly entered judgment on the jury’s verdict for the full amount of the Tuttles’ damages. Thereafter, Medical Center sought and was granted setoffs and credits under Code of Civil Procedure section 877 for the pretrial settlements and workers’ compensation payments made by the insurance carrier for Jack Tuttle’s employer.1 It also successfully moved to tax the Tuttles’s claimed costs for expert witnesses, trial technology, and prejudgment interest. After entry of an amended judgment, the Tuttles unsuccessfully sought to further reduce the offsets and credits. The Tuttles appeal.

1 All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

1 As to the setoffs, the Tuttles contend, among other things, that Medical Center improperly sought them by way of a postjudgment motion to vacate under section 663. While no court has expressly…