When Should Plaintiff Seek/Avoid a Joint Tortfeasor Release?
The key to answering this question is to focus on the trade-off that exists between the plaintiff and SD whenever a pro rata joint tort release is signed. Since the plaintiff receives money from SD in exchange for full satisfaction of whatever SD’s pro rata (percentage) share of the verdict turns out to be, it is this trade-off that ultimately determines whether the joint tort turns out to be a good or bad deal for plaintiff. It is this trade-off that carries all of the risk to the plaintiff in the joint tort setting. For example, if the settlement amount turns out to be less than SD’s share of the verdict (see Example One above), the plaintiff ends up with less money than if he had entered into no settlement and simply had gone to verdict and “let the chips fall where they may.” On the other hand, if the plaintiff extracts a settlement payment that turns out to be greater than SD’s share of the verdict (see Example Two above), then plaintiff can end up with a bonus of sorts. At the ti
