Miller v. Jarrell’s Empirical Analysis
1984
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently May 2015
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cingoranelli v. St. Paul Fire & Marine Insurance Co. · 35 Tenn. App. 196 - Carter v. E. T. & W. N. C. Transp. Co. · 358 F. Supp. 1388 - W. D. Rubright Co. v. International Harvester Co. · Huydts v. Dixon
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Jarrells argue that this settlement agreement, which releases them from liability, bars the Millers from seeking contribution because § 13-50.5-105(1)(b) provides that such an agreement "discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor." However, § 13-50.5-105 applies only when such a release is given "to one of two or more persons liable in tort for the same injury or the same wrongful death." (emphasis added) Here, the release was given to all persons liable in tort for the same injury. ... . Here, the Millers paid the injured parties the full amount of the settlement, and then sought contribution from the Jarrells for their pro rata share. Section 13-50.5-102(4), C.R.S. (1983 Cum.Supp.), provides: "A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable." Here, the settlement with the injured parties did extinguish all liability, including that of the Jarrells, from whom contribution was sought. Therefore, this statute does not prevent the Millers from recovering contribution from the Jarrells where liability was extinguished by the settlement. Thus, the trial court was correct in applying § 13-50.5-105, and in entering judgment in their favor for contribution and costs. A”
1 later decision quote this exact passage“discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.”
1 later decision quote this exact passage“to one of two or more persons liable in tort for the same injury or the same wrongful death.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.