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MetroHealth Med. Ctr. v. Hoffmann-LaRoche11/5/1997
Pfeifer, J.
The United States District Court, Northern District of Ohio, Eastern Division, has certified the following questions to this court for our determination:
" For purposes of OHIO REV. CODE ANN. 2307.31 and 2307.32, is a contribution defendant's liability for wrongful death extinguished by the contribution plaintiff's settlement with the underlying claimant, which settlement includes a full and final release naming both the contribution plaintiff and contribution defendant, where the contribution defendant had already been dismissed with prejudice as a matter of law from the underlying claimant's action based upon the statute of limitations?
" For purposes of OHIO REV. CODE ANN. 2307.31(B), is a contribution defendant's liability for wrongful death extinguished by the contribution plaintiff's settlement with the underlying claimant, which settlement includes a full and final release naming both the contribution plaintiff and contribution defendant, where res judicata barred the underlying tort claim against the contribution defendant?"
For the reasons that follow, we answer each certified question in the affirmative.
At common law, contribution was "the right of a person who has been compelled to pay what another should have paid in part to require partial (usually proportionate) reimbursement and [arose] from principles of equity and natural justice." Travelers Indemn. Co. v. Trowbridge (1975), 41 Ohio St.2d 11, 70 O.O.2d 6, 321 N.E.2d 787, paragraph two of the syllabus, overruled on other grounds in Motorists Mut. Ins. Co. v. Huron Rd. Hosp. (1995), 73 Ohio St.3d 391, 653 N.E.2d 235. However, contribution was not allowed between concurrent or joint tortfeasors. Id. at 15, 70 O.O.2d at 8-9, 321 N.E.2d at 790. To alleviate this inequity, the General Assembly enacted a statutory scheme that enabled a tortfeasor to pursue a contribution claim against any joint tortfeasors. R.C. 2307.31 and 2307.32.
Former R.C. 2307.31(A) stated, " f two or more persons are jointly and severally liable in tort for * * * the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. * * *" (Now found in R.C. 2307.32 .)
Former R.C. 2307.31(B) stated, "A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for * * * the wrongful death is not extinguished by the settlement * * *." (Now found in R.C. 2307.32 .)
Former R.C. 2307.31(G) stated, "Whether or not judgment has been entered in an action against two or more tortfeasors for * * * the same wrongful deathscontribution may be enforced by separate action." (Now found in R.C. 2307.32 .)
Former R.C. 2307.32(B) stated, "If there is a judgment for * * * wrongful death against the tortfeasor seeking contribution, any separate action by him to enforce contribution shall be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review." (Now found in R.C. 2307.33 .)
A contribution claim may go forward notwithstanding the lack of a judgment on the underlying claim against the contribution defendant, notwithstanding even the lack of an action on the underlying claim. R.C. 2307.31(A), (B) and (G). The contribution defendant need merely be "liable in tort" for the same injury to be subject to a contribution claim. R.C. 2307.31(A). We conclude with respect to R.C. 2307.31(A) that "liable in tort" means no more than that the contribution defendant acted tortiously and thereby caused damages. This conclusion is in kee
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