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.
§ 41-3-4 NMSA 1978
Release; effect on injured person's claim
Known as the Uniform Contribution Among Tortfeasors Act
The act spans §§ 41–41 (8 sections).
Applied in 2 court decisions — leading case Duncan v. Cessna Aircraft Co. (1984)
Most recently applied in Moore v. Missouri Pacific Railroad (June 1989)
1941 Comp., § 21-121, enacted by Laws 1947, ch. 121, § 4; 1953 Comp., § 24-1-14.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.