Stephen James Utts, M.d., Petitioner v. Dennie Short

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that a nonsettling defendant is entitled to a settlement credit when the record shows the nonsettling plaintiffs benefited from a settlement, and that the trial court must allow the plaintiffs an opportunity to rebut that presumption. The Court also affirmed that the defendant must file a written election before the case is submitted to the jury and that the burden shifts to the plaintiffs to show they did not benefit. Separate opinions dissent on the definition of "claimant" and concur on the need to treat a settled plaintiff as no longer a claimant.