Diamond v. ReshkoAnnotate this Case
Diamond was injured while riding as a passenger in a taxi that was involved in a collision with another car. She settled claims against the taxi driver, the owner of the cab, and the Yellow Cab Collective. The Yellow Cab parties agreed to participate at the Diamonds’ trial. A jury found both drivers were negligent and attributed 60 percent responsibility to the driver of the other car, Reshko. The Diamonds were awarded $406,698.00, plus fees and costs. The court of appeal reversed, holding that the trial court erred by excluding evidence of the pretrial settlement between the Diamonds and the Yellow Cab parties. Because it was prevented from learning about the settlement, the jury was denied the opportunity to consider the effect of that settlement on the trial strategies the parties employed with respect to material conflicts in the trial evidence. Many of those conflicts bore directly on determining the primary cause of the accident and the extent of damages. It is reasonably probable that the jury’s resolution of conflicting evidence pertaining to at least some of the material disputed issues would have been more favorable to the Reshkos if the jury had been made aware of the settlement.