Torts II

Contribution

Contribution is the right of a joint tortfeasor to recover another's portion of the liability for the damages paid to the plaintiff.

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).

Contribution is reduced to the percentage of liability of that defendant in comparative negligence states.

• In contributory negligence states, the joint tortfeasors split the liability evenly, as the jury will not calculate a percentage of fault.

Contribution is not allowed for intentional tortfeasors.

The majority does not allow non-immune tortfeasors to collect contribution from immune tortfeasors.

The majority allows a sued tortfeasor to collect contribution from after the statute of limitations has run.

Contribution can be collected through a cross-claim, impleading, or a separate suit.

A tortfeasor can seek contribution after making a settlement agreement, but he must prove that the other person was a joint tortfeasor and that the settlement was reasonable.