Section 3.8 Settlement With Vicariously Liable Tortfeasors

• Library: Settling Cases 2014

At common law, the effect of a settlement with a vicariously liable defendant was unclear. Some dicta suggested that the release of a master released the servant. Max v. Spaeth, 349 S.W.2d 1, 3 (Mo. 1961). Whatever the academic interest of this controversy, § 537.060, RSMo 2000, clearly provides that a tortfeasor not expressly discharged by a partial settlement is still subject to liability. Thus, the release of a master will not release the master’s servant, absent an express provision in the settlement...