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6029 - Mark Green v. Wayne B. Bauerle

This is the second round of appeals from the circuit court's order allocating the setoffs to which the non settling defendants are entitled in this tragic case. Following the supreme court's reversal and remand of the circuit court's 80/20 allocation, Wayne B. Bauerle, M.D. and Wayne B. Bauerle, M.D., P.C. (collectively, Dr. Bauerle) have now appealed the circuit court's order equally allocating a prior settlement to set off the jury verdicts returned for Ann and Randall "Randy" Green (the Greens). Dr. Bauerle argues the circuit court erred in (1) finding the Greens intended that their settlement with Grand Strand Regional Medical Center (Grand Strand) be allocated equally between them; (2) calculating Mrs. Green's loss of consortium damages in a manner that exceeded the jury's verdict in order to find the Greens' proposed allocation did not result in a double recovery; (3) failing to treat the verdicts and settlement proceeds as marital or joint property; and (4) failing to apply controlling precedent. We affirm.