Trice v. Wilson

Bell, Presiding. Judge,

concurring in the judgment only.

While I concur in the holding in Division 1 of the majority opinion which states that “the legal principle that the release of one of several joint tortfeasors extinguishes the plaintiff’s cause of action and relieves all jointly liable thereon has no application here,” I disagree with much of the reasoning by which the majority reaches that view. I differ, for instance, with the majority’s statement that the State’s “payment of compensation to persons so injured [by the tortious acts of State agents while about the governmental functions…