Section 30 Offsets

• Library: Damages 2012

Missouri has long recognized a right of one tortfeasor to an offset to the extent of the consideration paid by any other alleged tortfeasor from the total amount of damages sustained by the plaintiff. Arnett v. Mo. Pac. Ry. Co., 64 Mo. App. 368, 374–75 (E.D. 1896), as cited with approval in State ex rel. Simmerock v. Brackmann, 714 S.W.2d 938, 942 (Mo. App. E.D. 1986); see also § 537.060, RSMo 2000 (providing that settlement “shall reduce the claim by the stipulated amount of the agreement, or in the amount of consideration paid, whichever is greater”).

Until 2005, the percentage of fault that might have been attributable to the settling tortfeasor was unimportant because this apportionment was not made except in...