2019 New Mexico Statutes
Chapter 41 - Torts
Article 3 - Contribution Among Tortfeasors
Section 41-3-3 - Judgment against one tortfeasor.

Universal Citation: NM Stat § 41-3-3 (2019)

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.

History: 1941 Comp., § 21-120, enacted by Laws 1947, ch. 121, § 3; 1953 Comp., § 24-1-13.


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.

Effect of appeal on subsequent action. — Where a judgment was rendered against a different defendant which was not satisfied or settled, and was pending on appeal, it could not be urged as satisfaction of any claims of plaintiff against another defendant, nor bar further action by plaintiff against another defendant. Montano v. Williams, 1976-NMCA-017, 89 N.M. 86, 547 P.2d 569, aff'd, 1976-NMSC-022, 89 N.M. 252, 550 P.2d 264.

Dismissal of contribution suit. — Where gas company, being sued for injuries sustained in explosion by plaintiffs working on junction box beneath a street intersection, filed third-party complaint against city, alleging that the city knew of the dangerous condition but failed to notify the gas company, and seeking contribution under this act, an error in dismissing the third-party complaint would not affect plaintiffs' verdicts against the gas company. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337, 84 A.L.R.2d 1269 (1960).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Judgments § 685; 74 Am. Jur. 2d Torts § 69.

Payment of, or proceeding to collect, judgment against one tortfeasor as release of others, 27 A.L.R. 805, 65 A.L.R. 1087, 166 A.L.R. 1099, 40 A.L.R.3d 1181.

50 C.J.S. Judgments § 761.

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