Owens-Corning Fiberglas Corp. v. Garrett8/28/1996
rectified if only we would broaden our definition of a "joint tort-feasor" to include those sued or threatened with suit. OI could then offset the settlement amounts as contribution by the settling cross-defendants, and the Hohmans' estates would recover only the amount of money awarded by the jury.
To accept OI's argument would require us to ignore the plain meaning of our UCATA statute and our long-standing interpretation of it, which we refuse to do. The relevant term "joint tort-feasor" is defined in Md. Code (1957, 1994 Repl. Vol.), Art. 50, § 16: "For the purposes of this subtitle . . . 'joint tort-feasors' means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them." (Emphasis added). Moreover, "the right of contribution exists among joint tort-feasors," Md. Code (1957, 1994 Repl. Vol.), Art. 50, § 17, and only among joint tort-feasors. See Montgomery v. Valk Mfg. Co., 317 Md. 185, 191, 562 A.2d 1246, 1249 (1989).
In the instant case, the cross-defendants were ultimately determined by the trier of fact not to be "liable in tort." Defendants judicially determined not to be liable are not joint tort-feasors. By statutory definition, then, the cross-defendants were expressly not joint tort-feasors and thus OI has no right of contribution against them.
We have often recognized that a judicial determination of liability or non-liability settles the question of contribution. See, e.g., Keene Corp. v. Levin, 330 Md. 287, 293-94, 623 A.2d 662, 665 (1993) (final judgment may not be entered until cross-claim liability determined, because if a cross-defendant is liable as a joint tort-feasor, there is a right of contribution which may reduce the amount of judgment); Owens-Illinois v. Armstrong, 326 Md. 107, 124-28, 604 A.2d 47, 55-57 (1992) (joint tort-feasor's release admitting liability gives right of contribution as to compensatory, but not punitive damages); Owens-Illinois, Inc. v. Zenobia, 325 Md. 420, 473-75, 601 A.2d 633, 659-60 (1992) (insufficient evidence adduced at trial to hold bankrupt cross-defendant liable as a joint tort-feasor); Valk, supra (no right of contribution when one "joint tort-feasor" is shielded from liability as a matter of law); Allgood v. Mueller, 307 Md. 350, 355, 513 A.2d 915, 918 (1986) (settling co-defendants who remained in case and were found not to be liable by the jury were volunteers as to their payments to plaintiffs, and non-settling defendant who was found liable was not entitled to a reduction of the damages awarded against it); Martinez v. Lopez, 300 Md. 91, 476 A.2d 197 (1984) (determination of pro-rata shares); Chilcote v. Von der Ahe Van Lines, 300 Md. 106, 476 A.2d 204 (1984) (computation of pro-rata shares for master and servant); Collier v. Eagle-Picher Indus., Inc., 86 Md. App. 38, 585 A.2d 256 (1991) (released cross-defendants, judicially determined not to be liable, are not joint tort-feasors but mere volunteers); C & K Lord v. Carter, 74 Md. App. 68, 73-74, 536 A.2d 699, 701-02 (1988) (settling defendants, subsequently granted judgment, are not joint tort-feasors).
E. Survivability of a Wrongful Death Action
Mr. Hohman died in June of 1986. When Mr. Hohman's widow, Jeanette Hohman, instituted her suit in 1987, she did so both as the personal representative of Hohman's estate, and in her individual capacity as his widow. During the course of the trial, Jeanette Hohman died. Ms. Victoria Croghan was substituted as personal representative of the estate of William Hohman, her step-father, and as personal representative of the estate of her mother, Jeanette Hohman. While there was no objecti
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