C. § 6304(a).
DUCATA also addresses how the release of one joint tortfeasor affects
contribution among joint tortfeasors. Section 6302(c) generally prevents a settling joint
tortfeasor from seeking contribution from another joint tortfeasor unless the settlement
extinguishes the other joint tortfeasor's liability as well. 10 Del. C. § 6302(c) (―A joint
tortfeasor who enters into a settlement with the injured person is not entitled to recover
contribution from another joint tortfeasor whose liability to the injured person is not
extinguished by the settlement.‖). This provision permits one or more joint tortfeasors to
settle on behalf of themselves and another joint tortfeasor and then pursue that joint
tortfeasor for its share of the settlement payment. See, e.g., In re Telecorp PCS, Inc.,
2003 WL 22901025, at *3 (Del. Ch. Nov. 19, 2003) (Strine, V.C.) (allowing one
defendant to settle with plaintiff and seek contribution against codefendants in a separate
action). But Section 6302(c) does not permit a settling joint tortfeasor to seek
contribution from a party that still faces liability to the plaintiff. In this case, the
Settlement did not extinguish RBC's liability. Consequently, Section 6302(c) prevents
the Rural/Metro Defendants and Moelis from seeking contribution from RBC for any
portion of the $11.6 million they paid in settlement.
Section 6304(b) addresses the ability of a non-settling joint tortfeasor like RBC to
seek contribution from settling joint tortfeasors. It states:
A release by the injured person of 1 joint tortfeasor does not relieve the 1 joint tortfeasor from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors.
10 Del. C. § 6304(b). Under this provision, when a plaintiff settles with one joint
tortfeasor before the entry of judgment and grants that party a release, the settlement can
grant the joint tortfeasor complete peace, including from claims for contribution, but only
if the plaintiff agrees to reduce the amount of damages it can recover from the remaining
joint tortfeasors.
In essence, the non-released tortfeasor's right to recover contribution from the released tortfeasor is protected unless the plaintiff agrees to reduce his recovery against the non-released party by the amount he chose not to collect from the released party. Thus, the plaintiff assumes the risk that the released tortfeasor's pro rata share of recovery is greater than the settlement amount and agrees to reduce any recovery against the non-released tortfeasor by the amount of the released tortfeasor's pro rata share.
Roca v. Riley, 2008 WL 1724259, at *2 (Del. Super. Apr. 10, 2008) (footnotes omitted);
accord Farrall v. A.C. & S. Co., 586 A.2d 662, 664 (Del. Super. 1990) (explaining that
under this scenario, if a plaintiff has released a tortfeasor for less than its pro rata share,
―the non-released tortfeasor is protected against having to