TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 8

ACTIONS FOR NEGLIGENCE

6-805.  Effect of release of one tortfeasor on liability of others. (1) A release by the injured person of one (1) joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides, but, unless otherwise provided in subsection (2) of this section, reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if such amount or proportion is greater than the consideration paid.

(2)  A release by the injured person of one (1) or more tortfeasors who are not jointly and severally liable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor unless the release so provides and the negligence or comparative responsibility of the tortfeasor receiving the release is presented to and considered by the finder of fact, whether or not the finder of fact apportions responsibility to the tortfeasor receiving the release.

History:

[6-805, added 1971, ch. 186, sec. 5, p. 862; am. 1991, ch. 249, sec. 1, p. 617.]