N.M. Stat. § 41-3-5 (2026)

A release by the injured person of one joint tortfeasor does not relieve him from
liability to make contribution to another joint tortfeasor unless the release is given before
the right of the other tortfeasor 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
tortfeasor, of the injured person's damages recoverable against all the other tortfeasors.

History: 1941 Comp., § 21-122, enacted by Laws 1947, ch. 121, § 5; 1953 Comp., §
24-1-15.

                                     ANNOTATIONS

"Claim" and "damages recoverable". — The legislature appears to have interpreted
the terms "claim" and "damages recoverable" synonymously. In 41-3-4 NMSA 1978 the
release, under certain circumstances, has the effect of reducing the "claim" of the
injured person against other tortfeasors, while in this section the same right is spoken of
as "damages recoverable." Garrison v. Navajo Freight Lines, Inc., 1964-NMSC-099,74
N.M. 238, 392 P.2d 580.

Purpose of act. — One of the purposes of this act [41-3-1 to 41-3-8 NMSA 1978] is to
provide for a proportionate allocation of the burden among tortfeasors who are liable.
Rio Grande Gas Co. v. Stahmann Farms, Inc., 1969-NMSC-089, 80 N.M. 432, 457 P.2d
364.

Limited applicability of article. — The Uniform Contribution Among Tortfeasors Act
[41-3-1 to 41-3-8 NMSA 1978] no longer has force in this state with respect to
contribution among concurrent tortfeasors. Wilson v. Galt, 1983-NMCA-074, 100 N.M.
227, 668 P.2d 1104, cert. quashed, 100 N.M. 192, 668 P.2d 308.
Limiting release to pro rata share. — Where release provided for reduction of
plaintiff's claims for damage to extent of pro rata share of liability of released tortfeasors,
it sufficiently complied with this section which establishes conditions under which an
injured person's release relieves the joint tortfeasor from liability for contribution.
Garrison v. Navajo Freight Lines, Inc., 1964-NMSC-099,74 N.M. 238, 392 P.2d 580.

Where settling tortfeasor denied contribution. — Where the language of the release
made it clear that the settlement between one tortfeasor and the plaintiffs was for that
tortfeasor's benefit alone, and that tortfeasor settled its liability to the plaintiffs, separate
and distinct from any liability of second tortfeasor to the plaintiffs, and without attempting
to gain any benefit for second tortfeasor, the first tortfeasor was not entitled to
contribution from the second. Rio Grande Gas Co. v. Stahmann Farms, Inc., 1969-
NMSC-089, 80 N.M. 432, 457 P.2d 364.

Rights of nonsettling joint tortfeasor. — The right of a nonsettling joint tortfeasor to
collect contribution from the one released is protected unless the release provides for a
reduction to the extent mentioned in 41-3-4 NMSA 1978 of the damages recoverable
from the remaining tortfeasors. Garrison v. Navajo Freight Lines, Inc., 1964-NMSC-
099,74 N.M. 238, 392 P.2d 580.

All joint tortfeasors not released. — Where release was taken under this section the
release of one joint tortfeasor did not release all joint tortfeasors. Garrison v. Navajo
Freight Lines, Inc., 1964-NMSC-099,74 N.M. 238, 392 P.2d 580.

Settlement for full damages not bar to suit of other joint tortfeasor. — Where an
injured person settles with one tortfeasor for an amount equal to or in excess of the
amount of damages, the injured person may pursue recovery from each severally liable
tortfeasor without reduction. Wilson v. Galt, 1983-NMCA-074, 100 N.M. 227, 668 P.2d
1104, cert. quashed, 100 N.M. 192, 668 P.2d 308.

Assignment of future recovery void. — A person injured while moving hay elevator
sued owner of elevator for personal injuries. Owner's insurer settled suit by paying
plaintiff $40,000 for release of owner and assignment to insurer of one-half of any
recovery or settlement, not to exceed $80,000, which plaintiff might later obtain in action
against the manufacturer of the elevator. Plaintiff's action against manufacturer was
settled by the manufacturer for $40,000. The insurer of the owner of the hay elevator
could not enforce assignment against injured person and manufacturer as it was
contrary to public policy as expressed in 41-3-2, Subsection C NMSA 1978 and this
section. Alder v. Garcia, 324 F.2d 483 (10th Cir. 1963).

Joint tortfeasor must be released by name in order for the settling joint tortfeasor to
recover contribution, and this notwithstanding language in the settlement or order of
approval purporting to satisfy "all claims" arising out of the incident. United States v.
Reilly, 385 F.2d 225 (10th Cir. 1967).
Release must be read as a whole and the intent of the parties gathered from the entire
instrument, not from separate portions. Garrison v. Navajo Freight Lines, Inc., 1964-
NMSC-099,74 N.M. 238, 392 P.2d 580.

Law reviews. — For note, "Trends in New Mexico Law: 1995–96: Tort Law – Original
and Successive Tortfeasors and Release Documents in New Mexico Tort Law: Lujan v.
Health South Rehabilitation Corp.," see 27 N.M. L. Rev. 697 (1997).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 66 Am. Jur. 2d Release §§ 37, 38, 40 to
43.

Tortfeasor's general release of cotortfeasor as affecting former's right of contribution
against cotortfeasor, 34 A.L.R.3d 1374.

18 C.J.S. Contribution § 30.