pay to plaintiff is reduced. This reduction is either (a) the amount which plaintiff has received from released tortfeasors or (b) the pro rata share of the released tortfeasors.
The calculation under subsection (a) needs no explanation. The calculation under subsection (b) follows the following language of that subsection:
a reduction, to the extent of the pro rata share of the released tortfeasor, of the person's damages recoverable against the other tortfeasor.[3] The Court's method of calculation applies the quoted language. The objective is to determine the amount which the non-released tortfeasor should pay out of the damages awarded to the plaintiff.
The statute does not address the method to be used in applying the quoted language. Where more than one tortfeasor has been released the method of reduction should be that which best accomplishes the objectives of the statute but does no more than that. The non-released tortfeasors are not concerned with the amount the individual released tortfeasor has paid for the release or the share attributable to the individual released tortfeasor. The non-released tortfeasors' liability does not involve the allocation of payments among released tortfeasors nor the portion of fault attributable to the individual released tortfeasors. Making the comparison of the subsection (a) and subsection (b) reduction separately for individual released tortfeasors might have a place if a right of contribution was available, but by its terms subsection (b) applies only where a released tortfeasor is released from contribution, and hence the non-settling tortfeasors can have no claim against any released tortfeasors. Insofar as the non-released tortfeasor defendants are concerned, the released tortfeasors stand as a class whose collective payments or share determine the amount by which the award to plaintiff against the non-settling tortfeasors is reduced as a single reduction. The payment versus fault comparison must be confined to the aggregate for all released tortfeasors.
Celotex's attempt to obtain a separate reduction for the amounts paid by released tortfeasors who have not been found to have a percentage of fault is a further application of the individual released tortfeasor approach which the Court has found by those tortfeasors are a part of the subsection (a) total which is then compared with the subsection (b) total. The fact that defendant has failed to assert or proved a share of fault for certain released tortfeasors does not accord special treatment *669 or benefit for amounts paid by those released tortfeasors.
Attached are calculations using figures supplied by the attorneys.
CALCULATIONS APPLYING THIS DECISION Plaintiffs Verdict $875,000 10 Del. C. § 6304(a): 10 Del. C. § 6304(b) Pro Rata Share of Released Tortfeasors: Combustion Eng. 2% Delaware Ins. 4% Eagle Picher 10% Fibreboard 4% Owens Corn. Fib. 8% Owens-Ill. 3% Pitts. Corn. 3% Cent Cl Res. 29% _________________________________________ Total Share 63% Total Paid by Released Verdict Amount $875,000 × .63 = $551,250 Tortfeasors $261,184.93 Greater Reduction $551,250 Verdict $875,000 Reduction $551,250 Celotex Liability $323,750
NOTES [1] 10 Del.C. § 6304(a) states:
A release by the injured person of one tortfeasor,