Section 3.19 Effects of Partial Settlements When There Are Both Tort and Contract Claims
Library | Settling Cases 2014 |
Is a nonsettling defendant entitled to an offset for prior partial settlements when the claims against the settling defendants arose out of contract rather than tort? That was the issue in Ozark Air Lines, Inc. v. Valley Oil Co., L.L.C., 239 S.W.3d 140 (Mo. App. W.D. 2007).
In Ozark, the plaintiff sued 12 defendants as a result of damage to engines on its airplanes. Ozark claimed that the damage was caused by defective fuel, defects in a fuel farm, and engine defects. It sued on various theories, including...
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