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Franklin v. Morrison6/11/1998
"by settling defendants" means that the credit is the total of the contributions to the settlement made by National Carriers and Jiffy Lube. The release, however, contains what is in effect a definitional provision which permits the words, "settling defendants," to be read either in the singular or the plural. In the portion of the release on which Franklin relies, the amount paid by "settling defendants" is to be compared with "the pro-rata share recoverable by law from settling defendants herein." The pro rata share recoverable by law is recoverable only from one who is determined to be, or who by contract is agreed to be treated as, a joint tortfeasor. See Allgood v. Mueller, 307 Md. 350, 513 A.2d 915 (1986). In the instant matter the Plaintiff did not agree to treat any settling defendant as a joint tortfeasor, and National Carriers was determined not to be a joint tortfeasor. Thus, the "pro-rata share recoverable by law" would apply only to Jiffy Lube and, under the contractual definitions, "settling defendants" in that instance would be read to mean Jiffy Lube only. Because "settling defendants," when referring to the amount paid for the release, is used in the same context, the same singular meaning of "settling defendants" is appropriate, and it means Jiffy Lube only.
Moreover, the release provides a rule of construction applicable to the provisions concerning reduction. They are "not be construed to affect the recovery in any ... claim" against a settling defendant who "shall not have been adjudged legally liable for contribution." Franklin's argument seeks as a credit against the judgment an amount in excess of the consideration paid by Jiffy Lube and in excess of Jiffy Lube's pro rata share. The additional amount sought by Franklin reduces the Plaintiff's recovery by funds attributable to National Carriers and thus violates the provision governing construction of the reduction provisions in the release.
JUDGMENT OF THE COURT OF SPECIAL APPEALS AFFIRMED. COSTS TO BE PAID BY THE PETITIONER, MICHAEL FRANKLIN.
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