Pierringer Agreement in Minnesota: What You Need to Know
In Minnesota, a Pierringer agreement is a legal settlement between a plaintiff and one or more defendants in a lawsuit. This agreement allows the plaintiff to settle with one or more defendants while continuing to pursue the remaining defendants in the lawsuit.
The Pierringer agreement is named after the landmark case Pierringer v. Hoger, which was decided by the Wisconsin Supreme Court in 1961. The case involved a plaintiff who had been injured in a car accident and sued both the driver and the owner of the vehicle. The driver settled with the plaintiff, leaving only the owner as a defendant. The owner argued that the settlement with the driver should reduce his liability, but the court ruled that the settlement should not be considered in determining the owner`s liability.
In Minnesota, Pierringer agreements are governed by Rule 1.08 of the Rules of Civil Procedure. This rule allows a plaintiff to release one or more defendants from liability while preserving the right to pursue the remaining defendants. The released defendants are still liable for their proportionate share of damages, but their liability is reduced by the amount of the settlement.
Pierringer agreements can be beneficial for both plaintiffs and defendants. For plaintiffs, the agreement allows them to receive compensation from one or more defendants without compromising their ability to pursue the remaining defendants. This can be especially helpful in cases where one defendant is more likely to settle or has deeper pockets than the others.
For defendants, the agreement allows them to settle their portion of the case without risking a trial verdict that could be more costly. It also allows them to avoid the uncertainty of co-defendants` actions in the litigation and the possibility of cross-claims against them.
However, it`s important to note that Pierringer agreements can be complicated, and it`s essential to work with an experienced attorney who understands the intricacies of these agreements. Plaintiffs need to ensure that they`re receiving adequate compensation for their injuries, and defendants need to ensure that they`re not paying more than their proportionate share of damages.
In conclusion, Pierringer agreements can be a useful tool in resolving complex lawsuits involving multiple defendants. However, it`s essential to work with an experienced attorney to ensure that your rights are protected and that you`re receiving a fair settlement. If you have questions about Pierringer agreements in Minnesota, don`t hesitate to consult with a qualified legal professional.