| | |
than its equitable share may recover judgment for contribution upon | | motion. |
|
| | | 2.__By separate action.__If proportionate fault among joint | | tortfeasors has not been established, contribution may be | | enforced in a separate action, regardless of whether a judgment | | has been rendered against either the party seeking contribution | | or the party from whom contribution is sought. |
|
| | | 3.__When assertible after judgment.__If a judgment has been | | rendered against the tortfeasor seeking contribution, the action | | for contribution must be commenced within one year after the | | judgment is final. |
|
| | | 4.__When assertible if no judgment.__If a judgment has not | | been rendered, the party bringing the action for contribution | | must have either: |
|
| | | A.__Discharged by payment the common liability within the | | period of the statute of limitations applicable to the | | claimant's right of action and commenced the action for | | contribution within one year after payment; or |
|
| | | B.__Agreed while action was pending to discharge the common | | liability and within one year after the agreement have paid | | the liability and commenced an action for contribution. |
|
| | | 5.__Effect of judgment and recovery.__A plaintiff's recovery | | of a judgment against one tortfeasor does not of itself discharge | | other tortfeasors from liability for the same claim unless the | | judgment is satisfied.__Satisfaction of the judgment does not | | impair rights of contribution. |
|
| | | 6.__Binding effect.__A judgment that determines the equitable | | shares of liability for 2 or more tortfeasors who were parties to | | the judgment is binding among them in determining their | | respective rights to contribution for those damage claims that | | were the subject of the judgment. |
|
| | | §187.__Release of joint tortfeasors |
|
| | | When recovery is sought for harm caused by 2 or more parties, | | a release of one or more of them does not bar a claim against the | | others.__Evidence of a prior release or settlement is not | | admissible on issues of liability or damages in a subsequent | | trial.__If the plaintiff is awarded a verdict in such a case, the | | judge shall then reduce the plaintiff's recovery by deducting, | | for each such prior settlement, the lesser of the following: |
|
|
