D's taxicab collided with car driven by Dreslin. His wife and other passengers were injured.
They sued D for damages; Dreslin joined with them, claiming loss of consortium, medical expenses for Mrs. Dreslin, and damages to his car.
Jury found that the collision was caused by the concurrent negligent operation of both cars. Judgments were entered for all Ps except Dreslin.
Jury also allowed D to get contribution from Dreslin. Court overruled this decision stating that Dreslin was not liable in tort to his wife.
Procedural History:
Trial court found contribution not valid.
CD USCOA affirmed, contribution not valid.
Issues:
May a non-immune tortfeasor seek contribution or indemnity from those who are immune (as in husband and wife)?
Holding/Rule:
A non-immune tortfeasor may not seek contribution or indemnity from those who are immune.
Reasoning:
Neither husband nor wife is liable for the tortious acts by one against the other.
Contribution, then, depends upon joint liability. There was no liability by Dreslin to his wife, so there is nothing to which a right of contribution could attach.
Even though Mrs. Dreslin might be enriched at the sole expense of D, preservation of domestic peace demands such a ruling.
