Williams Holding Company, D/B./A Raleigh Hills Apartments v. Sharon T. Willis, et al.

Case Number
W1999-02733-SC-R11-CV

We granted this appeal to determine whether a defendant who was found 100% at fault in a negligence action submitted to arbitration was liable for the full amount of the plaintiff's damages where the plaintiff had already received half of the amount of damages in a settlement with another defendant. The Court of Appeals concluded that the arbitrator had exceeded his scope of authority by requiring the defendant to pay the full amount of damages and modified the judgment. After reviewing the record and applicable authority, we conclude that the trial court correctly determined that the arbitrator did not exceed his authority and that the defendant was not entitled to a credit based on the amount of damages received by the plaintiff in a settlement. Accordingly, the Court of Appeals' judgment is reversed, and the trial court's judgment is reinstated.

 

Authoring Judge
Justice E. Riley Anderson
Originating Judge
Judge Robert A. Lanier
Case Name
Williams Holding Company, D/B./A Raleigh Hills Apartments v. Sharon T. Willis, et al.
Date Filed
Dissent or Concur
No
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