MARTINEZ v. LOPEZ

No. 69, September Term, 1983.

300 Md. 91 (1984)

476 A.2d 197

FERNANDO J. MARTINEZ v. NANCY LOPEZ ET AL.

Court of Appeals of Maryland.

June 11, 1984.


Attorney(s) appearing for the Case

H. Kenneth Armstrong, Rockville (Donahue, Ehrmantraut & Montedonico, Chartered, Rockville, on the brief), for appellant.

Amici curiae brief of The Motor Vehicle Manufacturers Association of the United States, Inc. and The Product Liability Advisory Counsel, Inc. filed; Edward S. Digges, Jr., Robert Dale Klein and Michael T. Wharton, Baltimore, on the brief. Of Counsel: William H. Crabtree, Vice-President and General Counsel and Edward P. Good, Senior Atty., Motor Vehicle Manufacturers Association of the United States, Inc., Detroit, Mich., and Piper & Marbury, Baltimore.

Amicus curiae brief of Maryland Trial Lawyers Association filed; Robert R. Michael, Rockville, on the brief.

Harlow R. Case, Washington, D.C. (Jack H. Olender, Washington, D.C., on the brief), for appellees.

Amicus curiae brief of Medical Mutual Liability Insurance Society of Maryland filed; Ward B. Coe, Jr., E. Dale Adkins, III and Anderson, Coe & King, Baltimore, on the brief.

Argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON, RODOWSKY and COUCH, JJ.


RODOWSKY, Judge.

This case involves the Maryland version of the Uniform Contribution Among Tort-Feasors Act, Md.Code (1957, 1979 Repl.Vol.), Art. 50, §§ 16-24 (the Md. Act). There are two tort-feasors. One settled before trial under a pro rata release by paying more than double a jointly liable defendant's pro rata share of the total claim as ultimately determined by the jury's verdict. The issue is whether the amount paid by the settling defendant in excess...

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