Tennessee Code Annotated
Tenn. Code Ann. § 29-11-105 (2026)
Effect of release or covenant not to sue upon liability of other tort-feasors
✓ current as of May 2026
- (a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death:
- (1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
- (2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.
- (b) No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion after judgment to reduce a judgment by the amount stipulated by the release or the covenant or by the amount of the consideration paid for it, whichever is greater.
Acts 1968, ch. 575, § 5; T.C.A., § 23-3105.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1980–2025 · leading case: Knox-Tenn Rental Co. v. Jenkins Ins., Inc., 755 S.W.2d 33 (Tenn. 1988).
Knox-Tenn Rental Co. v. Jenkins Ins., Inc., 755 S.W.2d 33 (Tenn. 1988). “ar that it applies exclusively to the right of contribution among individuals liable for such acts of negligence, and nowhere within its text is there any reference to the right of a claimant to pursue a cause of action against any others who may be liable for an injury he has…”
Tutton v. Patterson, 714 S.W.2d 268 (Tenn. 1986). “Thus, Murray Guard and ESA were not “liable in tort for the same injury” as required by T.C.A. § 29-11-105. After carefully reviewing various authorities, Judge Lewis, writing for the Court of *273 Appeals, rejected plaintiff Rosenbaum’s argument, holding that: In this case we…”
Kelley v. Apria Healthcare, LLC, 232 F. Supp. 3d 983 (E.D. Tenn. 2017). “” Tenn. Code Ann. § 29-11-105 (a)(1). In March 2015, Kelley signed a release with two companies.”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). “§ 15-8-17 (1984); Tenn.Code Ann. § 29-11-105 (Repl.1980). [2] Cal.”
Rosenbaum v. First Am. Nat'l Bank of Nashville, 690 S.W.2d 873 (Tenn. Ct. App. 1985). “They insist that the Bank, by its own admissions, has precluded its right to credit pursuant to Tenn.Code Ann. § 29-11-105. The pertinent facts are as follows: The Bank relocated its Belle Meade branch to the former Moon Drug Store location in the Belle Meade Theater Shopping…”
Varner v. Perryman, 969 S.W.2d 410 (Tenn. Ct. App. 1997). “1994), supports applying T.C.A. § 29-11-105(b) in this case. Bervoets , is distinguishable from the present case.”
Duncan-Williams, Inc. v. Capstone Dev., LLC, 908 F. Supp. 2d 898 (W.D. Tenn. 2012). “This Act also “provides that a release given to one of two or more tortfeasors ‘does not dis *913 charge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide.’ ” Woody v.”
Buckner v. Cocke Cnty., 720 S.W.2d 472 (Tenn. Ct. App. 1986). “T.C.A., § 29-11-105 (a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death: *473 (1) It does not discharge any of the other tort-feasors from…”
Goad v. MacOn Cnty., Tenn., 730 F. Supp. 1425 (M.D. Tenn. 1989). “An examination of state law leads to Tennessee Code Annotated § 29-11-105: (a) When a release or covenant not to sue .”
Bass v. Janney Montgomery Scott, Inc., 210 F.3d 577 (6th Cir. 2000). “any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in Tenn. Code Ann. § 29-11-105 . This statute was rendered any profit-sharing agreement, .”
Theresa L. Caldwell v. Canada Trace, Inc. (Tenn. Ct. App. 2008). “2 Section 29-11-105 provides: (a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death: .”
James & Patricia Cullum v. Baptist Hosp. Sys., Inc. (Tenn. Ct. App. 2011). “Mackey’s Settlement Plaintiffs contend that Tenn. Code Ann. § 29-11-105 (b)7 precludes admission of any evidence regarding Dr.”
— Tenn. Code Ann. § 29-11-105(2)(b) — 1 case
Varner v. Perryman (Tenn. Ct. App. 1995).
— Tenn. Code Ann. § 29-11-105(a)(1) — 1 case
Duncan-Williams, Inc. v. Capstone Dev., LLC, 908 F. Supp. 2d 898 (W.D. Tenn. 2012). “This Act also “provides that a release given to one of two or more tortfeasors ‘does not dis *913 charge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide.’ ” Woody v.”
— Tenn. Code Ann. § 29-11-105(a)(2) — 1 case
Theresa L. Caldwell v. Canada Trace, Inc. (Tenn. Ct. App. 2008). “2 Section 29-11-105 provides: (a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death: .”
— Tenn. Code Ann. § 29-11-105(b) — 1 case
Varner v. Perryman, 969 S.W.2d 410 (Tenn. Ct. App. 1997). “1994), supports applying T.C.A. § 29-11-105(b) in this case. Bervoets , is distinguishable from the present case.”
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