If multiple people are responsible for causing the same injury, they can be required to share the cost of paying for that injury. If the injured person makes a deal (like a release or settlement) with one of those responsible people, that deal does not automatically let the others off the hook — but it does lower the total amount owed by whatever was agreed to or paid in the deal. The person who got the release deal is no longer responsible for chipping in to help pay what the others owe.
537.060. between s — of one or more, effect. — Defendants in a founded on an for the of a private wrong shall be subject to contribution, and all other consequences of such judgment, in the same manner and to the same extent as defendants in a judgment in an action founded on contract. When an agreement by release, or not to a judgment is given to one of two or more persons for the same injury or , such agreement shall not any of the other tort-feasors for the damage unless the terms of the agreement so provide; however such agreement shall reduce the by the amount of the agreement, or in the amount of paid, whichever is greater. The agreement shall discharge the tort-feasor to whom it is given from all for contribution or to any other tort-feasor. The term "noncontractual indemnity" as used in this section refers to between , having no legal relationship to each other and does not include indemnity which comes about by reason of contract, or by reason of .
(RSMo 1939 § 3658, A.L. 1983 H.B. 135 & 194)
Prior revisions: 1929 § 3268; 1919 § 4223; 1909 § 5431
(1974) When joint tort-feasors are each with active or , neither is entitled to indemnity from the other; however, one may be entitled to contribution from the other. Lewis v. Amchem Products, Inc. (A.), 510 S.W.2d 46.
(1994) does not require court to ignore plain, clear divestiture of all in general release, however, a specific and clear reservation is no longer required. 's failure to clearly a specific claim in release does not necessarily render the claim . Court must consider the whole where language limits scope of release to claims in first . Allison V. Flexway Trucking, Inc. 28 F.3d 64 (8th Cir.).
(1996) Statute does not prohibit a general release. Meyer v. General Motors Corp., 937 F.Supp. 861 (E.D. Mo.)
(2001) Claim for noncontractual indemnity includes, in the absence of contractual allowing , 's claim against for indemnification in case. Tiny Totland, Inc. v. Spalding & Evenflo Companies, Inc., 242 F.3d 830 (8th Cir.).
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.