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National Union v. A.A.R. Western Skyways12/12/1989
The United States District Court for the Northern District of Oklahoma certified the following questions pursuant to the Uniform Certification of Question of Law Act, 20 O.S. 1981 §§ 1601 et seq.:
(1) whether indemnity is available to one who, without fault on his own part, has paid damages occasioned by the primary negligence of another, even where there exists no contractual or vicarious liability;
(2) whether the rule of proportionate and several liability applies in a contribution action under the Oklahoma Contribution Statute at 12 O.S. 1981 § 832 ;
(3) whether liability is to be apportioned under the Oklahoma Contribution Statute at 12 O.S. 1981 § 832 utilizing a pure comparative negligence method;
(4) whether attorney fees incurred both in the underlying actions and the contribution action are recoverable in a contribution claim under the Oklahoma contribution Statute at 12 O.S. 1981 § 832 ;
(5) whether, in actions pursuant to the Oklahoma Contribution Statute at 12 O.S. 1981 § 832 , settlement agreements not releasing the liability of other tortfeasors bar the settlor from obtaining contribution from the unreleased tortfeasors to the extent of amounts paid in such settlement, in effect "reducing the claim" of the settling tort-feasors for contribution against such non-settling tort-feasors by the amounts paid in such settlements?
We hold that: (a) indemnity is not available to one who, has paid damages caused by the primary negligence of another unless there exists between them an enforceable contract or vicarious liability; (b) the rule of proportionate and several liability adopted by this court does not apply to a contribution action, however, under Oklahoma's contribution statute, 12 O.S. 1981 § 832 , each tortfeasor's share of contribution will be apportioned according to his degree of fault; (c) this court will not address the issue of whether pure comparative negligence applies to a contribution action since our answer in question two holds that a tortfeasor will pay proportionately his share of contribution; (d) Oklahoma's contribution statute 12 O.S. 1981 § 832 makes no provision for recovery of attorney fees therefore, in a contribution action there is no right for recovery of attorney fees; (e) Oklahoma's contribution statute 12 O.S. 1981 § 832 clearly states that settlement agreements not releasing the liability of other tortfeasors will bar the settlor from obtaining any contribution from the unreleased tortfeasors in a contribution action.
FACTS
On July 20, 1983 in Cleveland, Ohio, an Aero Commander aircraft crashed killing all on board and causing property damage to surrounding buildings. All of the cases were eventually settled although the cause of the accident has never been judicially determined. One theory puts the blame on a failed exhaust piece in the right engine of the plane that went undetected during previous repairs. Before the accident, the plane had been serviced by Carair, not a party to this action and two F.A.A. repair stations, Plaintiff Mid-States Aircraft Engines, Inc. (Mid-States) and Defendant A.A.R. Western Skyways, Inc. (A.A.R.).
It is Mid-States' contention that it was not negligent in performing the inspection of the aircraft. Mid-States claims it was only required to make a visual inspection of the exhaust system. However, Mid-States further contends that prior to the inspection, A.A.R. had overhauled the right engine of the aircraft and in doing so had failed to detect the defective exhaust piece. Mid-States alleges that in settling the cases it was actually fulfilling the responsibility of A.A.R. for its negligent acts and not those of
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