Section 7.7 Section 537.060, RSMo

• Library: Settling Cases 2014

In tort cases, § 537.060, RSMo 2000, provides in relevant part:

When an agreement by release, covenant not to sue or not to enforce a judgment is given in good faith to one of two or more persons liable in tort for the same injury or wrongful death, such agreement shall not discharge any of the other tort-feasors for the damage unless the terms of the agreement so provide . . . .

Missouri courts accord this statute its plain meaning and recognize that its clear effect is “to preclude the unintended release of a non-settling defendant.” Manar v. Park Lane Med. Ctr., 753 S.W.2d 310, 312 (Mo. App. W.D. 1988); Glidewell v. S.C. Mgmt., Inc., 923 S.W.2d 940, 945 (Mo. App. S.D. 1996); Elsie v. Firemaster Apparatus, 759 S.W.2d 305, 307 (Mo. App. E.D. 1988).

But courts still adhere to the rule that a plaintiff may only recover one satisfaction for injuries and, if full satisfaction is received from one tortfeasor by settlement, the plaintiff may not recover from the other tortfeasor. Slankard v....