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Graber v. Westaway3/28/1991
ring acts of another tortfeasor." It does not extinguish defendant's right to seek contribution from a joint tortfeasor in a subsequent action, even when defendant has failed to designate timely the joint tortfeasor as a non-party at fault pursuant to § 13-21-111.5(3)(b).
Here, after compensating plaintiff in whole, Graber claimed a right to contribution from another tortfeasor whose several liability he sought to establish. Even though he attempted to do so in the same action by way of impleader, Graber's compensation for the entire liability by settlement places him in the same position as a party who litigates proportionate liability in a subsequent action.
Under these limited circumstances, we are satisfied that the policy considerations sought to be advanced by the General Assembly also apply here to permit a tortfeasor to pursue a contribution claim, despite his failure to designate. See M.R. Watters v. Pelican International, Inc., supra.
Therefore, the judgment of the trial court is reversed, and the cause is remanded with directions to permit Graber to file his amended complaint and for further proceedings on the claims stated therein.
JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS.
Disposition
JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS.
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