Legal Opinion

Martinez v. Lopez

Court of Appeals of Maryland

Decided June 11, 1984No. 69, September Term, 1983PublishedCited by 35 opinions

1Opinion of the Court

RODOWSKY, Judge.

This case involves the Maryland version of the Uniform Contribution Among Tort-Feasors Act, Md.Code (1957, 1979 Repl.Vol.), Art. 50, §§ 16-24 (the Md. Act). There are two tort-feasors. One settled before trial under a pro rata release by paying more than double a jointly liable defendant’s pro rata share of the total claim as ultimately determined by the jury’s verdict. The issue is whether the amount paid by the settling defendant in excess of a pro rata share generally operates to reduce the total claim and, in this case where such a reduction produces a negative number,…

2Cases cited9 opinions

  1. Swigert v. WelkCourt of Appeals of Maryland · 1957
  2. Smelser v. Criterion InsuranceCourt of Appeals of Maryland · 1982
  3. Daugherty v. HershbergerSupreme Court of Pennsylvania · 1956
  4. Duncan v. Pennington County Housing AuthoritySouth Dakota Supreme Court · 1979
  5. Augustine v. LanglaisSupreme Court of Rhode Island · 1979

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3Cited by35 opinions

  1. Owens-Illinois, Inc. v. ArmstrongCourt of Appeals of Maryland · 1992
  2. Owens-Corning Fiberglas Corp. v. GarrettCourt of Appeals of Maryland · 1996
  3. Exxon Corp. v. YaremaCourt of Special Appeals of Maryland · 1986
  4. Welsh v. Gerber Products, Inc.Court of Appeals of Maryland · 1989
  5. Scapa Dryer Fabrics, Inc. v. SavilleCourt of Appeals of Maryland · 2011

30 more not listed; retrieve them via the Exa API.

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