This note examines the decision in Norman v. Wright in light of Sections 538.230 and 537.060 of the Missouri Revised Statutes. The court held that to obtain the credit afforded by Section 537.060, a defendant must plead the existence of a settlement as an affirmative defense. This holding is contrary to both common sense and, in the case of medical malpractice, to the Missouri Supreme Court's own prior directive.
Scott T. Jansen,
I Can't Get No Satisfaction: Missouri Requires Non-Settling Defendants to Plead and Prove Prior Settlements as an Affirmative Defense,
69 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol69/iss3/5