State Ex Rel. Simmerock v. Brackmann

ORIGINAL PROCEEDING FOR WRIT OF PROHIBITION

KAROHL, Judge.

We granted a provisional writ in prohibition on respondent judge to determine whether as a matter of law a full release by plaintiff of relator as defendant in a personal injury suit bars a cross-claim of a co-defendant for contribution or indemnity. Relator contends that the provisions of § 537.060 RSMo Cum.Supp.1984 (laws 1983) are binding on the co-defendant and the court. If that is so, relator is entitled to prohibition on respondent from proceeding further in the suit, Fenlon, et ux. v. The Western Casualty & Surety Company, John…