## Facts

- Elena M. Clark asserted a personal-injury claim arising from surgery performed at Wilmington Medical Center (the Medical Center).
- Clark alleged the surgery was negligently performed when an artery was punctured during the operation.
- Clark also alleged that the physicians failed to treat her condition after the puncture in order to reverse and minimize the resulting harm.
- The claim involved the Medical Center, Dr. Thomas E. Brooks (a staff surgeon and supervisor of surgery), and Dr. Charles Blackshear (a senior resident who performed the surgery).
- Before filing the lawsuit, Clark settled with the Medical Center and executed a written release titled “Joint Tort Feasor Release.”
- The release discharged the Medical Center from Clark’s claims and stated that it would “reduce to the extent of the pro rata share of the releasee any damages recoverable” against “any other person whatsoever” who might be liable for the same injury.
- After the settlement, Clark filed suit against the physicians, including Blackshear.
- Blackshear moved for summary judgment, arguing that releasing the Medical Center (his employer) barred any later claim against him.
- For purposes of deciding the motion, the court assumed the Medical Center’s liability, if any, arose solely from its status as employer of Brooks and Blackshear, and that the doctors were acting as the Medical Center’s employees.

## Issues

1. Whether, under Delaware’s Uniform Contribution Among Tortfeasors Act (10 Del. C. ch. 63), an employer and employee can be “joint tortfeasors” when the employer’s liability is purely vicarious and based only on the employee’s alleged negligence.
2. Whether a “Joint Tort Feasor Release” given to the employer-hospital discharges the employee-physician from liability when the release does not expressly release the employee and instead provides for a pro rata reduction of damages.
3. If the employee is not discharged, whether the plaintiff’s recoverable damages against the employee must be reduced by the released employer’s pro rata share under 10 Del. C. § 6304 and the terms of the release.

## Decision

- The court denied Dr. Blackshear’s motion for summary judgment.
- The court held that, for purposes of the Act, the Medical Center and Blackshear fell within the statutory definition of “joint tortfeasors” because they could be jointly or severally liable for the same injury, even though the Medical Center’s liability was assumed to be vicarious.
- The court held that the release of the Medical Center did not discharge Blackshear because 10 Del. C. § 6304 provides that releasing one joint tortfeasor does not discharge others unless the release expressly does so, and this release did not.
- The court held that any damages recovered against remaining defendants would be reduced to reflect the Medical Center’s pro rata share, consistent with the release language and § 6304.

## Legal Principles

- Under 10 Del. C. § 6301, “joint tortfeasors” are persons “jointly or severally liable in tort for the same injury,” and that statutory definition is not limited to classic “joint negligence” concepts from common law.
- Delaware’s Uniform Contribution Among Tortfeasors Act changed the prior common-law rule under which releasing one tortfeasor could bar recovery against others for the same injury.
- Under 10 Del. C. § 6304, a release of one joint tortfeasor does not discharge other joint tortfeasors unless the release’s terms provide for discharge; instead, the claim against others is reduced in the manner provided by the statute and/or the release.
- A release that is framed as a “Joint Tort Feasor Release” and speaks in terms of reducing damages recoverable against “any other person” indicates an intent to preserve claims against non-released parties while preventing duplicative recovery through a pro rata reduction.
- An employer whose liability is solely vicarious may have indemnity rights against the negligent employee, but those indemnity concepts do not override § 6304’s direction on the effect of a settlement release on claims against other liable parties.

## Conclusion

Clark’s settlement and “Joint Tort Feasor Release” in favor of Wilmington Medical Center did not, by itself, bar her later malpractice action against Dr. Blackshear, even assuming the Medical Center’s liability was only vicarious; under 10 Del. C. § 6304, the release did not discharge other potentially liable parties absent express language, and any recovery against remaining defendants would be reduced by the Medical Center’s pro rata share.


Clark v. Brooks, 377 A.2d 365 (1977)