 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Gerrard v. Craig9/9/1993
t whom judgment was entered, it could not be jointly and severally liable under RCW 4.22.070(1) and, therefore, Beatt was not entitled to an offset.
RCW 4.22.070(2) provides that
if a defendant is jointly and severally liable under one of the exceptions listed in subsections (1)(a) or (1)(b) of this section, such defendant's rights to contribution against another jointly and severally liable defendant, and the effect of settlement by either such defendant, shall be determined under RCW 4.22.040, 4.22.050, and 4.22.060.
This court's reasoning in Washburn applies equally well to the facts in this case. Here, as in Washburn, the claimant was not at fault. In order to determine applicability of the statute, however, we must first determine whether Petitioner Lawson is a defendant against whom judgment has been entered. Petitioner Lawson correctly points out that he prevailed against Ms. Gerrard on a motion for summary judgment. Besides, the statute of limitations had run prior to her commencing the action against him. He cannot under these circumstances be potentially liable to Ms. Gerrard and cannot become a defendant against whom judgment is entered. Once the statute of limitations had run, there was no longer a possibility that Petitioner Lawson could become jointly and severally liable for Ms. Gerrard's injuries. Under Washburn, RCW 4.22.070(2) applies only if there are jointly and severally liable defendants. Consequently, Respondents Jack Craig and Immaculate J. Lupis had no possible claim for contribution against Petitioner Edward M. Lawson.
Summary and Conclusions
In this case we must determine whether, under RCW 4.22.070, one tortfeasor in the case of a chain collision involving four automobiles may seek contribution from another tortfeasor who has prevailed on summary judgment with dismissal of the plaintiff's tort claim. This court's decision in Washburn, announced after the Court of Appeals' decision in this case, makes clear that only those defendants against whom a claimant has obtained a judgment can be jointly and severally liable. There is a basis for contribution only where there is joint and several liability. Because Ms. Gerrard's claim against Petitioner Lawson was dismissed
on summary judgment and she did not obtain a judgment against him, he could not be jointly and severally liable with Respondents Craig and Lupis, against whom Ms. Gerrard did obtain a judgment. As a consequence, Respondents Craig and Lupis cannot obtain contribution from Petitioner Lawson.
We reverse the Court of Appeals and affirm the King County Superior Court in dismissing the claim of Respondents Jack Craig and Immaculate J. Lupis for contribution against Petitioner Edward M. Lawson.
Disposition
Holding that the driver of the third automobile could not be jointly and severally liable unless the plaintiff first obtained a judgment against him, the court reverses the decision of the Court of Appeals and reinstates the dismissal of the cross claim.
Page 1 2 3 4 5 Washington Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|