Tennessee § 29-34-101 - Express consent required for settlements.

§ 29-34-101. Express consent required for settlements.

In any tort action, prior settlement of damages made on behalf of the plaintiff by another, in exchange for a release executed by or on behalf of the defendant, shall constitute no bar to the plaintiff's action, and proof by the defendant of such settlement and release shall be inadmissible, unless it be shown that such settlement made on behalf of the plaintiff was with the express consent of the plaintiff given in writing, after the cause of action arose. Acts 1955, ch. 318, § 1; T.C.A., § 23-3001. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Compromise and Settlement, § 2. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 803(1.2).4. Law Reviews. Procedure and Evidence — 1962 Tennessee Survey (Edmund M. Morgan), 16 Vand. L. Rev. 817. Punitive Damages and Business Organizations: A Pathetic Fallacy, 67 Tenn. L. Rev. 971 (2000). Tort Law Reform: Strict Liability and the Collateral Source Rule Do Not Mix (Victor E. Schwartz), 39 Vand. L. Rev. 569 (1986). Comparative Legislation. Torts in general: Ala. Code § 6-5-1 et seq. Ga. O.C.G.A. § 51-1-1 et seq. Ky. Rev. Stat. Ann. § 411.010 et seq. Miss. Code Ann. § 95-1-1 et seq. Mo. Rev. Stat. § 537.010 et seq. Va. Code § 8.01-25 et seq.