Charleston Area Medical Center, Inc. v. Parke-Davis, 217 W. Va. 15

Summary

The Supreme Court of Appeals of West Virginia answered a certified question concerning whether a tortfeasor that settled with an injured party before litigation could later seek contribution from an uninvolved alleged joint tortfeasor. The court held that West Virginia's inchoate right of contribution may be asserted only through third-party impleader in an action brought by the injured party. Because CAMC voluntarily settled without a lawsuit or participation by Parke-Davis and Pfizer, it could not pursue contribution from them.

Holdings

1. A tortfeasor that negotiates and consummates a settlement with an injured party on behalf of itself before any lawsuit is filed may not later bring an action for contribution against another tortfeasor that was not apprised of and was not a party to the settlement negotiations or agreement.
2. A later jury verdict allocating fault between the settling tortfeasor and another alleged tortfeasor does not substitute for the common legal obligation to the injured party required for contribution.

Questions Presented

1. Whether West Virginia law permits a tortfeasor that settles with an injured party before any lawsuit is filed, without involving or notifying another alleged tortfeasor, to later seek contribution from that alleged tortfeasor.
2. Whether the inchoate right of contribution recognized in Haynes v. City of Nitro may be asserted through a separate action when the injured party never initiated an underlying action and there was no judgment imposing a common obligation to the injured party.

Disposition

other