South Dakota Codified Laws
Chapter 08 - Remedies On Joint Liability
Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.

15-8-18. Restrictions on discharge from contribution obligation by release given by injured party.
A release by the injured person of one joint tort-feasor does not relieve him from liability to make contribution to another joint tort-feasor unless the release is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued, and 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 the other tort-feasors.

Source: SL 1945, ch 167, §5; SDC Supp 1960, §33.04A06.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 08 - Remedies On Joint Liability

Section 15-8-1 - Remedies available where some but not all defendants served.

Section 15-8-2 - Proceeding against defendant served in action on joint contract debt--Judgment entered against all defendants--Enforcement of judgment.

Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.

Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action.

Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.

Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.

Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.

Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor.

Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.

Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.

Section 15-8-11 - Joint tort-feasors--Definition of term.

Section 15-8-12 - Right of contribution among joint tort-feasors.

Section 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.

Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.

Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability.

Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault.

Section 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons as single party.

Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.

Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.

Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.

Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions.

Section 15-8-20 - Severability of joint tort-feasor provisions.

Section 15-8-22 - Citation of uniform tort-feasor provisions.