Idaho Code

Idaho Code § 6-805 (2026)

Effect of release of one tortfeasor on liability of others.

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 16 cases, 1973–2017 · leading case: Curtis v. Canyon High. Dist. No. 4, 831 P.2d 541 (Idaho 1992).

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Curtis v. Canyon High. Dist. No. 4, 831 P.2d 541 (Idaho 1992). · cites it 80× “Did The District Court Err When It Reduced The Total Jury Verdict, Less the Amount Representing Decedent's Negligence, By The Amount Of The Union Pacific Settlement? The thrust of appellant's argument is that when the Idaho legislature abolished joint and several liability in…”

Quick v. Crane, 727 P.2d 1187 (Idaho 1986). · cites it 20× “It was written to conform to the requirements of I.C. §§ 6-805 and -806. Under I.C. § 6-806, the general rule is that a tortfeasor who settles with an injured party is still liable to make contribution to other tortfeasors, unless the release (1) is given before the rights of…”

Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). · cites it 14× “Idaho Code § 6-805 (2) states: (2) A release by the injured person of one (1) or more tortfeasors who are not jointly and severally hable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor…”

Tuttle v. Wayment Farms, Inc., 952 P.2d 1241 (Idaho 1998). · cites it 28× “I.C. § 6-805 deals with the effect of the release of one tortfeasor on the liability of others.”

Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). · cites it 8× “According to Saint Alphonsus, “Though the term ‘pro rata’ in Idaho Code § 6-805 (1) is undefined, leading treatises agree that ‘the term “pro rata” shares has usually been thought to mean equal shares, divided according to the number of defendants.”

Smallwood v. Dick, 761 P.2d 1212 (Idaho 1988). · cites it 8× “Dick cites I.C. § 6-805, which provides: 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 reduces the claim against the other tortfeasors in the amount of…”

Tucker v. Palmer, 735 P.2d 959 (Idaho 1987). · cites it 11× “The district court then ruled on Rodenbough’s motion for summary judgment, denying the same and stating: On any judgment rendered in favor of the Plaintiff’s, Idaho Code 6-805 will be applied and such judgment will be reduced by the percentage of negligence attributable to the…”

In re Gray, 522 B.R. 619 (Bankr. D. Idaho 2014). · cites it 6× “3d 1099, 1104 (2006) (quoting Idaho Code § 6-805 ); see also Saint Alphonsus Diversified Care, Inc.”

Schiffer v. United Grocers, Inc., 989 P.2d 10 (Or. 1999). · cites it 2× “Idaho: But see Idaho Code § 6-805 (1998) (release of one joint tortfeasor *25 does not release others unless the release so provides); Tuttle v.”

Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). · cites it 2× “1985); Idaho Code § 6-805 (1979); Ill.Ann.Stat. ch.”

Esterbrook v. State, 863 P.2d 349 (Idaho 1993). · cites it 4× “2d 1265 (1973); see also I.C. § 6-805 (although amended in 1991, the relevant language is unchanged).”

Holve v. Draper, 505 P.2d 1265 (Idaho 1973). · cites it 2× “” See: I.C. §§ 6-805 and 6-806. In Mazer v. Lipschutz, supra, a patient died during an operation because he received the wrong type of blood.”

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— Idaho Code § 6-805(1) — 7 cases

Horner v. Sani-Top, Inc., 141 P.3d 1099 (Idaho 2006). “Idaho Code § 6-805 (2) states: (2) A release by the injured person of one (1) or more tortfeasors who are not jointly and severally hable to the injured person, whether before or after judgment, does not discharge another tortfeasor or reduce the claim against another tortfeasor…”

Saint Alphonsus Diversified Care, Inc. v. MRI Assocs., LLP, 334 P.3d 780 (Idaho 2014). “According to Saint Alphonsus, “Though the term ‘pro rata’ in Idaho Code § 6-805 (1) is undefined, leading treatises agree that ‘the term “pro rata” shares has usually been thought to mean equal shares, divided according to the number of defendants.”

In re Gray, 522 B.R. 619 (Bankr. D. Idaho 2014). “3d 1099, 1104 (2006) (quoting Idaho Code § 6-805 ); see also Saint Alphonsus Diversified Care, Inc.”

In re Monroe, 578 B.R. 834 (Bankr. D. Idaho 2017).

St. Al's v. MRI Assocs. (Idaho 2014).

— Idaho Code § 6-805(2) — 3 cases

In re Gray, 522 B.R. 619 (Bankr. D. Idaho 2014). “3d 1099, 1104 (2006) (quoting Idaho Code § 6-805 ); see also Saint Alphonsus Diversified Care, Inc.”

In re Monroe, 578 B.R. 834 (Bankr. D. Idaho 2017).

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