Romero v. West Valley School District

Sweeney, A.C.J.

This is a damage suit for wrongful death. The primary issue before us is whether the trial court erred by refusing to treat a “covenant not to execute” as a “release.” If the agreement effectively released one defendant from further liability, then the remaining defendant, West Valley School District (the District), the appellant here, is liable for only its proportionate share of the jury’s damage award (75 percent). If, on the other hand, that defendant was not released and remained a party to the suit, then liability is joint and several and the District is liable for 100…