Releasing One Tortfeasor

What happens when you settle with one tortfeasor, but not another?  In Medley v. Webb, 288 So. 2d 846, 848-49 (Miss. 1974), the Mississippi Supreme Court found that there is “no doubt that a plaintiff may sue another joint tortfeasor” after releasing the other alleged tortfeasor from liability. Further, the Court has delineated the difference between being jointly liable and being a joint tortfeasor. See J&J Timber Co. v. Broome, 932 So. 2d 1, 7 (Miss. 2006) (“Joint tortfeasor claims arise where the separate wrongful conduct of two or more individuals combine to cause an injury, and each because his wrongful conduct bears some responsibility for the injury.” (quoting Richardson v. APAC-Mississippi, Inc., 631 So. 2d 143, 151 n.7 (Miss. 1994))).  The key distinction is whether the claimant is settling with one joint tortfeasor and then pursuing a remedy against another, independently liable, tortfeasor. Id.