Robert Theobald, Plaintiff-Respondent v. Leon Angelos and Cherry Hill Township, Defendants-Appellants

Summary

The Supreme Court of New Jersey affirmed the trial court, holding that a settlement with a co‑defendant who is not a tortfeasor does not warrant a pro rata reduction of the remaining defendant's liability, and that even when the settler is a tortfeasor the reduction is limited to a pro tanto credit of the actual settlement amount. The dissent argued for a full pro rata credit, while two concurrences agreed with the judgment but differed on how any excess over the jury's total damages should be allocated.