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Session Laws, 1997
Volume 795, Page 640   View pdf image
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Ch. 31

1997 LAWS OF MARYLAND

(C) EFFECT OF SETTLEMENT.

A JOINT TORT-FEASOR WHO ENTERS INTO A SETTLEMENT WITH THE INJURED
PERSON IS NOT ENTITLED TO RECOVER CONTRIBUTION FROM ANOTHER JOINT
TORT-FEASOR WHOSE LIABILITY TO THE INJURED PERSON IS NOT EXTINGUISHED
BY THE SETTLEMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 50, § 17.

In subsection (b) of this section, the phrase "of the common liability" is
substituted for the former word "thereof for clarity.

3-1403. JUDGMENT AGAINST ONE TORT-FEASOR.

THE RECOVERY OF A JUDGMENT BY THE INJURED PERSON AGAINST ONE
JOINT TORT-FEASOR DOES NOT DISCHARGE THE OTHER JOINT TORT-FEASOR.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 50, § 18.

3-1404. EFFECT OF RELEASE ON INJURED PERSON'S CLAIM.

A RELEASE BY THE INJURED PERSON OF ONE JOINT TORT-FEASOR, WHETHER
BEFORE OR AFTER JUDGMENT, DOES NOT DISCHARGE THE OTHER TORT-FEASORS
UNLESS THE RELEASE SO PROVIDES, BUT IT REDUCES THE CLAIM AGAINST THE
OTHER TORT-FEASORS 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 GREATER THAN THE
CONSIDERATION PAID.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 50, § 19.

3-1405. EFFECT OF RELEASE ON RIGHT OF CONTRIBUTION.

A RELEASE BY THE INJURED PERSON OF ONE JOINT TORT-FEASOR DOES NOT
RELIEVE THE JOINT TORT-FEASOR FROM LIABILITY TO MAKE CONTRIBUTION TO
ANOTHER JOINT TORT-FEASOR UNLESS THE RELEASE:

(1) IS GIVEN BEFORE THE RIGHT OF THE OTHER TORT-FEASOR TO
SECURE A MONEY JUDGMENT FOR CONTRIBUTION HAS ACCRUED; AND

(2) PROVIDES FOR A REDUCTION, TO THE EXTENT OF THE PRO RATA
SHARE OF THE RELEASED TORT-FEASOR, OF THE INJURED PERSON'S DAMAGES
RECOVERABLE AGAINST ALL OTHER TORT-FEASORS.

REVISOR'S NOTE: This section formerly was Art. 50, § 20.

The only changes are in style.

3-1406. INDEMNITY.

THIS SUBTITLE DOES NOT IMPAIR ANY RIGHT OF INDEMNITY UNDER EXISTING

LAW.

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Session Laws, 1997
Volume 795, Page 640   View pdf image
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