By The Law Offices of John Day, P.C. on Feb 13, 2024 06:45 am
Where a trial court’s judgment did not include a finding of joint-and-several liability, a defendant against whom a judgment was entered could not be credited with payments made by another defendant or by a non-party. In Gerrish & McCreary, P.C. v. Lane, No. W2022-01441-COA-R3-CV (Tenn. Ct. App. Dec. 5, 2023), plaintiff originally filed suit against defendant, who was plaintiff’s bookkeeper, for fraud, misrepresentation, conversion, and negligence. Plaintiff also brought a claim against defendant’s husband for conversion. The trial court found for plaintiff, and it entered a judgment for over $600,000 against defendant. A judgment of approximately $44,000 was entered against defendant’s husband. The judgment was entered in 2003 and did not find defendant and her husband jointly and severally liable. Later, in 2005, an order of judgment satisfied was entered as to the husband, and the order specifically noted that it was “not intended, nor shall it be construed, as having any applicability to the separate judgment rendered against the other defendant in this cause[.]” In addition to the case against defendant and her husband, plaintiff reached a confidential settlement with a bank related to the fraud. The settlement was for $140,000, but the bank was never made a party to this action.
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