Stephenson v. McClure

MAUS, Judge.

In this personal injury action one defendant (the appellant) settled with the minor plaintiff taking a general release. By his first amended cross claim, the appellant seeks to recover from the other defendant (the respondent) all or part of the amount paid by the appellant as consideration for the release. The trial court sustained the respondent’s motion to dismiss the cross-claim. The appellant (settling defendant) has appealed, basing his right to recover upon the authority of Missouri Pac. R. Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978); hereafter referred to…