The majority and the Restatement Third allow for contribution.
Contribution is the right of the tortfeasor and does not depend upon a judgment being obtained against that person by the plaintiff(s).
- In contributory negligence states, the joint tortfeasors split the liability evenly, as the jury will not calculate a percentage of fault.
The majority does not allow non-immune tortfeasors to collect contribution from immune tortfeasors.
Contribution can be collected through a cross-claim, impleading, or a separate suit.