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Oklahoma Gas & Electric Co. v. District Court12/12/1989
anction for the right of contribution. Both the decisional law and the Pleading Code envision that the right of contribution will be asserted after the entry of a judgment against a joint tortfeasor or after the payment by one joint tortfeasor of more than its pro rata share.
CONCLUSION
Contribution among joint tortfeasors is a right which exists "even though judgment has not been recovered against [the joint tortfeasor]." The fact that a claim for contribution may not accrue until the judgment's rendition does not bar the earlier assertion of the claim. The right of contribution may be asserted before judgment as either a permissive counterclaim, crossclaim, or as a third-party action. Although Electric Company's claim for contribution may be pressed as a counterclaim, it may also be advanced in a subsequent postjudgment action. The claim for contribution is not a compulsory counterclaim, nor does the denial of leave to assert it in the underlying action deprive the Electric Company of a "clear legal right." There is no warrant here for any relief by mandamus.
WRIT DENIED.
HARGRAVE, C.J., and HODGES, LAVENDER, SIMMS, DOOLIN, KAUGER and SUMMERS, JJ., concur. ALMA WILSON, J., concurs in result.
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