State Ex Rel. Deere & Co. v. District Court of the Fifth Judicial District

For the most part, I concur with the majority opinion. I respectfully dissent from that part of the majority opinion which retains the dollar credit rule in Montana. In my view, this Court should follow the modern trend and adopt the percent credit rule.

Courts and commentators have established three alternative solutions to the issue presented here, i.e., what effect will a joint tortfeasor’s out of court settlement have upon a judgment entered against a non-settling joint tortfeasor (given that the latter has no right of contribution against the former). Those alternatives are: (1) the…