New Mexico Statutes
N.M. Stat. § 41-3-4 (2026)
Release; effect on injured person's claim
✓ laws through the 2025 session (retrieved May 2026)
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A release by the injured person of one 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 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.
History: 1941 Comp., § 21-121, enacted by Laws 1947, ch. 121, § 4; 1953 Comp., §
Notes of Decisions
Cited in 12
cases, 1982–2013 · leading case: Valdez v. R-WAY, LLC, 2010-NMCA-068, 237 P.3d 1289.
Valdez v. R-WAY, LLC, 2010-NMCA-068, 237 P.3d 1289. “” The Uniform Contribution Act is also relevant insofar as Section 41-3-4 states that “[a] release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides[.”
Kirby v. New Mexico State High. Dep't, 643 P.2d 256 (N.M. Ct. App. 1982). “THE RELEASES: Section 41-3-4, N.M. S.A.1978, of the Contribution Among Tortfeasors Act provides: A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides; but reduces the…”
Sunnyland Farms, Inc. v. Cent. New Mexico Elec. Coop., Inc., 2013-NMSC-017, 4 N.M. 99. “”); see also NMSA 1978, § 41-3-4 (1947) (specifying that if a plaintiff settles with a tortfeasor, the plaintiffs claim against any remaining joint tortfeasors is reduced by the amount of the settlement).”
Gallegos v. Citizens Ins. Agency, 779 P.2d 99 (N.M. 1989). “NMSA 1978, § 41-3-4 (Repl.Pamp.1986). The issue of release was not raised and preserved below.”
Sanchez v. Clayton, 877 P.2d 567 (N.M. 1994). “NMSA 1978, § 41-3-4 (Repl.Pamp.1989) (stating effect of release under the Uniform Contribution Among Tortfeasors Act).”
Sanchez v. Clayton, 877 P.2d 567 (N.M. 1994). “NMSA 1978, § 41-3-4 (Repl.Pamp.1989) (stating effect of release under the Uniform Contribution Among Tortfeasors Act).”
Hansen v. Ford Motor Co., 900 P.2d 952 (N.M. 1995). “, NMSA 1978, § 41-3-4 (Repl.Pamp.1989). Under that Section, “[a] release by the injured person of one joint tortfeasor .”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). “245 (1986); N.M.Stat.Ann. § 41-3-4 (Repl. 1986); N.C.”
Lujan Ex Rel. Lujan v. Healthsouth Rehab. Corp., 902 P.2d 1025 (N.M. 1995). “NMSA1978, § 41-3-4 (Repl.Pamp.1989). Under that Section, “[a] release by the injured person of one joint tortfeasor .”
Perea v. Snyder, 877 P.2d 580 (N.M. Ct. App. 1994). “This could be done under Section 41-3-4 which permits the settling tortfeasor to secure a release not only for himself or herself but on behalf of all other tortfeasors when "the release so provides.”
Perea v. Snyder, 877 P.2d 580 (N.M. Ct. App. 1994). “This could be done under Section 41-3-4 which permits the settling tortfeasor to secure a release not only for himself or herself but on behalf of all other tortfeasors when “the release so provides.”
Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 (Tex. 1984). “Effect of the Release Under New Mexico Law Section 4 of New Mexico's version of the Uniform Contribution Among Tortfeasors Act provides, "A release by the injured party of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasor unless the…”
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