Personal Injury Law

Evidence of Settlement

By John A. Day

T.C.A. Sec. 29-11-105 (b) says as follows:  "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."

Does this prohibit a defendant from introducing evidence of a settlement with another defendant but permit a plaintiff to do so (at plaintiff's option)?  If so, can the plaintiff introduce the fact of settlement, the amount of the settlement, or both?

Full post as published by Day on Torts on January 07, 2008 (boomark / email).