Labels:book | reckoner | sky | windowpane OCR: insufficient settlernent on the tort- feasor and insuring that plaintiff receives full recoverv his judicially determined damages tanto method encourages settlerrnent Under the pro method, settling plaintiff faces two critical uncertainties which create disincentive settlement. First settlement with one defendant could leave him unable collert the balance the total assessed damages from the remaining defendants Sec- ond, the fu}] effect f settlement cannot known until the trier fact determines the settling party's relative fault Moreover, under the pro rata method. after settle- ment with one defendant the posture at the case changes drama tically often the eve of trial Because the settlement the non i-settling defendant is in the position Of having bear the burden proving fault the settli ...
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