Woodrum v. Johnson

McGRAW, Chief Justice.

This case comes to the Court on certified question from the Circuit Court of Mononga-lia County, and requires that we resolve the question of whether a plaintiffs release of a primarily liable tortfeasor necessarily releases other parties defendant who may be derivatively or vicariously Hable based upon their relationship with the tortfeasor. Specifically, the circuit court has posed the following question of law:

Does the settlement with and release of a physician, who is an alleged ostensible agent of a hospital, necessarily release the hospital from further liability…