Missouri Revised Statutes

Mo. Rev. Stat. § 537.060 (2026)

Contribution between tort-feasors

✓ current as of May 2026

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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.).

Notes of Decisions

Cited in 188 cases (14 in the last 5 years), 1953–2023 · leading case: Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012).

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Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012). · cites it 58× “Defendants appeal the judgment, the denial of reduction pursuant to section 537.060 and the denial of periodic payments under section 538.”

Payne v. Markeson, 414 S.W.3d 530 (Mo. Ct. App. 2013). · cites it 52× “On May 30, 2012, Markeson filed a motion for leave to file an amended answer to include an affirmative defense for a reduction in the amount of the settlement agreement, pursuant to section 537.060, RSMo. 2 Markeson attached a copy of the amended answer that she proposed to file.”

Poage v. Crane Co., 523 S.W.3d 496 (Mo. Ct. App. 2017). · cites it 24× “Additionally, Crane argues the trial court erred in failing to reduce the judgment by amounts available in the asbestos trust under § 537.060 and the common law. 1 I. Factual and Procedural Background ■The relevant facts adduced at trial will be discussed under the relevant…”

Am. Nat'l Prop. & Cas. Co. v. Ensz & Jester, P.C., 358 S.W.3d 75 (Mo. Ct. App. 2011). · cites it 77× “The issue is whether and to what extent section 537.060 1 bars recovery on the claims.”

Jensen v. ARA Servs., Inc., 736 S.W.2d 374 (Mo. 1987). · cites it 72× “banc 1983), § 537.060, RSMo 1986, nor the Uniform Comparative Fault Act explicitly answered the question presented.”

Norman v. Wright, 100 S.W.3d 783 (Mo. 2003). · cites it 39× “The Limited Release, and the Stipulation for Dismissal with Prejudice, both cited section 537.060 RSMo 2000 1 . After settlement, only the claims against Dr.”

Stevenson v. Aquila Foreign Qualifications Corp., 326 S.W.3d 920 (Mo. Ct. App. 2010). · cites it 52× “Aquila contends that it was entitled to a set-off *923 pursuant to section 537.060 1 because Dawn Stevenson reached a settlement in another action for the same injuries for which she obtained a judgment against Aquila.”

Benny L. Bell v. Hamid R. Redjal, M.D., & Orthopaedic Assocs. of Se. Missouri, P.C. d/b/a Advanced Orthopedic Specialists, 569 S.W.3d 70 (Mo. Ct. App. 2019). · cites it 23× “5 requested reduction under section 537.060 RSMo 2000. 3 A. Whether the Trial Court Erred with Respect to Evidence of Dr.”

Gibson v. City of St. Louis, 349 S.W.3d 460 (Mo. Ct. App. 2011). · cites it 43× “The defendant city appeals from that part of a personal injury judgment against it denying its motion pursuant to section 537.060 RSMo (2000) 1 to reduce the judgment by the amount of plaintiffs settlement of a medical malpractice lawsuit that had sought damages from the…”

McGuire v. Kenoma, LLC, 375 S.W.3d 157 (Mo. Ct. App. 2012). · cites it 22× “In Point Seven, Synergy argues that the trial court erred “in denying Synergy’s motion to amend requesting that the verdicts entered against Synergy and in favor of Plaintiffs Bentlage be reduced by the amount of the settlement agreements reached with former defendants Nichols…”

Lowe v. Norfolk & W. Ry. Co., 753 S.W.2d 891 (Mo. 1988). · cites it 38× “The question was laid to rest for the future by amendment to Section 537.060, RSMo 1986, effective September 28, 1983, which permits alleged tort-feasors to buy their peace by good faith settlement with the claimant.”

Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). · cites it 12× “The amended provision in relevant part provides: 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…”

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