537.060. Contribution between tort-feasors--release of one or more, effect. - Missouri Statutes

Contribution between tort-feasors--release of one or more, effect.

537.060. Defendants in a judgment founded on an action forthe redress of a private wrong shall be subject to contribution,and all other consequences of such judgment, in the same mannerand to the same extent as defendants in a judgment in an actionfounded on contract. When an agreement by release, covenant notto sue or not to enforce a judgment is given in good faith to oneof two or more persons liable in tort for the same injury orwrongful death, such agreement shall not discharge any of theother tort-feasors for the damage unless the terms of theagreement so provide; however such agreement shall reduce theclaim by the stipulated amount of the agreement, or in the amountof consideration paid, whichever is greater. The agreement shalldischarge the tort-feasor to whom it is given from all liabilityfor contribution or noncontractual indemnity to any othertort-feasor. The term "noncontractual indemnity" as used in thissection refers to indemnity between joint tort-feasors culpablynegligent, having no legal relationship to each other and doesnot include indemnity which comes about by reason of contract, orby reason of vicarious liability.

(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 chargeable with active or affirmative negligence, 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) Statute does not require court to ignore plain, clear divestiture of all claims in general release, however, a specific and clear reservation is no longer required. Plaintiff's failure to clearly reserve a specific claim in release does not necessarily render the claim barred. Court must consider the whole instrument where language limits scope of release to claims in first cause of action. 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 provision allowing indemnification, seller's claim against manufacturer for indemnification in products liability case. Tiny Totland, Inc. v. Spalding & Evenflo Companies, Inc., 242 F.3d 830 (8th Cir.).