Section 3.7 General Versus Specific Releases
Library | Settling Cases 2014 |
At common law, the release of one tortfeasor released others who were responsible for the same injury. From 1855 to 1983 the previous incarnation of § 537.060, now RSMo 2000, permitted parties to preserve their claims as to nonsettling tortfeasors if express provision was made. Birmingham v. Kansas City Pub. Serv. Co., 235 S.W.2d 322, 325–26 (Mo. 1950). Conversely, absent such a provision, a release—even if intended to be partial—had the effect of discharging all tortfeasors. Kestner v. Jakobe, 412 S.W.2d 205 (Mo. App. S.D. 1967).
The 1983 amendment to § 537.060 changed this rule by providing that the settlement agreement “shall not discharge any of the other tort-feasors for the damage unless the terms of the agreement so provide . . . .” Thus, under the 1983 amendment, “settling claimants are relieved from the obligation of expressly reserving claims against non-settling defendants.” Elsie v. Firemaster Apparatus, 759 S.W.2d 305, 306 (Mo. App. E.D. 1988) (quoting Manar v. Park Lane Med. Ctr., 753 S.W.2d 310, 312 (Mo. App. W.D. 1988)).
Section 537.060 does not mean, however, that parties can never enter into a general release that releases all potential defendants. In Rudisill v. Lewis, 796 S.W.2d 124 (Mo. App. W.D. 1990), the plaintiffs released one of two defendants. The language of...
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- Section 3.1 Introduction
- Section 3.2 Settlements With Less Than All Tortfeasors
- Section 3.3 Effect of Whitehead & Kales
- Section 3.4 Current Law
- Section 3.5 Effect on Right to Settle With Less Than All Tortfeasors
- Section 3.6 Effect on Remainder of Claim
- Section 3.7 General Versus Specific Releases
- Section 3.8 Settlement With Vicariously Liable Tortfeasors
- Section 3.9 Meaning of Good Faith
- Section 3.10 Section 537.060, RSMo, and Indemnity
- Section 3.11 Express Contract
- Section 3.12 Implied Contract
- Section 3.13 Vicarious Liability
- Section 3.14 Tortfeasors Who Are Not Jointly Liable
- Section 3.15 Comparative Fault and Settlements Under § 537.060, RSMo
- Section 3.16 Conflicts Between the Uniform Contribution Among Tortfeasors Act and the Uniform Comparative Fault Act
- Section 3.17 Calculating the Effect of Settlement
- Section 3.18 Settlements of Claims With Health Care Providers
- Section 3.19 Effects of Partial Settlements When There Are Both Tort and Contract Claims
- Section 3.20 Effect of Overhead Power Line Safety Act
- Section 3.21 Settlements for Specified Assets
- Section 3.22 Tortfeasor’s Insurance Company Denies Coverage
- Section 3.23 Tortfeasor’s Insurance Carrier Defends Under a Reservation of Rights
- Section 3.24 Litigating Policy Coverage
- Section 3.25 Enforcing the Judgment
- Section 3.26 Necessity for Good Faith
- Section 3.27 Reasonableness Requirement
- Section 3.28 Consideration
- Section 3.29 Specter of Declaratory Judgment Actions
- Section 3.30 Prejudgment Interest and Payments Made Under § 537.065, RSMo
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