concurring:
I concur in the judgment of the court and in parts I and II of the majority opinion. I would confine the holding in part III to the facts of this case, in particular, the facts concerning the dubious and contingent ability of the respondent to collect any part of the $85,000 settlement with the Manville Personal Injury Settlement Trust, as recognized at the time the respondent entered into the settlement agreement with that trust. See maj. op. at 1176 n. 18. For the reasons set forth in Chief Justice Rovira’s dissenting opinion, I do not agree that as a general proposition, “section 13-50.5-105, prior to its amendment in 1986, required that settlement amounts be actually collected before they may be set off against the total judgment owed by the remaining joint tortfeasors.” See maj. op. at 1177.