Section 3.2 Settlements With Less Than All Tortfeasors

LibrarySettling Cases 2014

At common law, the release of one tortfeasor had the effect of releasing others claimed to be responsible for causing or contributing to cause the same injury. Dulaney v. Buffum, 73 S.W. 125 (Mo. 1903). In 1855, the Missouri legislature modified this rule by enacting a statute that permitted claimants to settle their cause with one or more joint tortfeasors without impairing their rights to proceed against other tortfeasors. Chapter 51, § 8, RSMo 1855. Eventually, this statute was codified as § 537.060...

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