§ 25-21,185.11.Civil actions to which contributory negligence is a defense; release, covenant not to sue, or similar agreement; effect.

Settling with one defendant in a multi-defendant case raises a real question: does that settlement let the remaining defendants off the hook, or does it leave them exposed to the settling defendant’s share of the harm? Section 25-21,185.11 answers both halves of that question. A release, covenant not to sue, or similar agreement between a claimant and one liable person discharges that person from all liability to the claimant, but it does not discharge any other person liable on the same claim unless the agreement itself says so.

Rather than removing the settling defendant’s share from the picture outright, the section directs a specific offset: the claimant’s claim against the remaining defendants is reduced by the released person’s share of the obligation, as determined by the trier of fact. That share still has to be found — the settlement amount does not automatically set the offset; the fact finder decides what portion of the total obligation belonged to the released person, and the remaining claim shrinks by that amount.

The settlement also changes the released person’s role in the lawsuit itself. The agreement precludes that person from being made a party, or, if the action is already pending, serves as the basis for that person’s dismissal from it. That does not erase the released person’s negligence from the case: under section 25-21,185.09, that person’s negligence, if any, still gets considered in the fault allocation, even after that person is out of the courtroom.