From our private database of 14,200+ case briefs...
Franck v. Polaris E-Z Go Div. of Textron, Inc.
California Court of Appeal
204 Cal. Rptr. 321 (1984)
After being injured in a snowmobile accident, Jan Franck (plaintiff) brought a lawsuit in a California state court against the snowmobile’s manufacturer, Polaris E-Z Go Div. of Textron, Inc. (Polaris); its driver, Todd Weichers; its owner, Robert Weichers; and the snowmobile’s seller (defendants). Prior to trial, Franck settled with Todd and Robert Weichers and the snowmobile’s seller. The seller settled for a lump sum payment of $2,500. The Weichers settled for a total of $215,000, to be paid over time under the terms of a structured settlement: $25,000 was due upon court approval of the settlement and the remaining $190,000 was to be paid periodically from 1983 to 2000. In order to fund the future payments, the Weichers’ insurer purchased an annuity contract for $75,000. The settlement was approved by the court. Franck prevailed at trial against Polaris and was awarded a judgment of $300,000. Both Franck and Polaris asked the court to determine Polaris’s obligation in light of Cal. Civ. Proc. Code § 877(a), which provided that the damages assessed to a nonsettling tortfeasor should be reduced by the amount paid in settlement by joint tortfeasors. Franck contended that the amount of reduction should be based on the present cash value of the amounts to be paid by the settling parties. Polaris argued that its judgment should be reduced by the total amount to be paid. The trial court ruled in favor of Polaris. Franck appealed.
Rule of Law
Holding and Reasoning (Carr, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 241,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.