EDMUND GAPUSAN et al. , Plaintiffs and Respondents, v. DAVID PATRICK JAY et al. , Defendants; CITY OF SAN DIEGO, Intervener and Appellant. Factual and Procedural Background In 1994, Gapusan and McGee were seriously injured when a drunk driver, David Patrick Jay, caused his pickup truck to collide with their patrol car. 3 Jay had liability insurance of $100,000 per injured person and apparently no ability to pay additional damages. 4 City and plaintiffs accepted the policy limits in settlement of their respective claims against Jay, but failed to agree on any apportionment of the funds. In sum, we conclude the court erred in equitably distributing a portion of the settlement proceeds to Gapusan and McGee.

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