Langland and her husband were guest passengers in a car owned and operated by Knell.
Their car collided with a car owned by Feltman.
Langland sued Feltman. After Feltman answered, Feltman filed a third-party complaint against Knell, asserting that the accident was partially Knell's fault.
Jury found that Feltman and Knell were both negligent and that the negligence of each contributed to the accident. P's damages were set at $11.5k.
Jury awarded Ps the judgment from Feltman and judgment for Feltman against Knell for half of the amount.
Knell argued that contribution should not apply since he had not been alleged to be a joint tortfeasor by Ps.
Procedural History:
Trial court found granted contribution.
US COA DC affirmed, granted contribution.
Issues:
Can a D be denied contribution from a party because the Ps did not ask or obtain judgment from that party in their case?
Holding/Rule:
A D cannot be denied contribution from a party if the Ps did not ask or obtain judgment from that party in their case.
Reasoning:
Rule 14(a) of the FRCP provides that a D may bring another person into the action who may be liable to him for all or an part of the damages even if the P does not seek a judgment against that person.
The right to seek contribution belongs to the D who has been forced to pay, and the existence of the right cannot logically depend upon a selection of Ds made by P.
When a tort is committed by the concurrent negligence of two or more persons who are not intentional wrongdoers, contribution should be enforced.
When the parties are not intentional and willful wrongdoers, but are made so by legal inference or intendment, contribution may be enforced.
Dissent:
None.
Notes:
Contribution is not allowed among intentional tortfeasors.
Contribution is not necessary or permitted in jurisdictions that have eliminated joint and several liability.
