Section 537.060

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 1983   

  537.060.  Contribution between tort-feasors — release of one or more, effect. — Defendants in a judgment founded on an action for the redress 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, 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; however such agreement shall reduce the claim by the stipulated amount of the agreement, or in the amount of consideration paid, whichever is greater.  The agreement shall discharge the tort-feasor to whom it is given from all liability for contribution or noncontractual indemnity to any other tort-feasor.  The term "noncontractual indemnity" as used in this section refers to indemnity between joint tort-feasors culpably negligent, having no legal relationship to each other and does not include indemnity which comes about by reason of contract, or by reason of vicarious liability.

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(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.).