Rollins

Rollins v. State of California

Good Law
14 Cal. App. 3d 160·1971 Cal. App. LEXIS 984·92 Cal. Rptr. 251
Court of Appeal of CaliforniaJanuary 7, 1971Civ. 12745California2,311 words

Opinion

Opinion

Janes, J.

Defendant state appeals after judgment from an order denying its motion for contribution from its codefendant, Nina Bammes, after the state had paid more than its pro rata share of a personal injury and wrongful death judgment entered jointly against the two defendants in an action which culminated in a plaintiffs’ verdict in the amount of $775,000.

The amount required to satisfy the judgment was reduced from $775,000 to $725,000 by virtue of a prior settlement in the amount of $50,000 between plaintiffs and a former defendant. Defendant Bammes, through her insurance carrier, paid the sum of $20,000 (her policy limit) toward satisfaction of the judgment. The defendant state paid the remainder of the judgment, i.e., the sum of $705,000 and plaintiffs then filed a satisfaction of judgment.

Contribution between joint tortfeasors is governed by title 11, part II (§§ 875 through 880) of the Code of Civil Procedure. Section 875, the section with which we are primarily concerned provides: “(a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided.

“(b) Such…

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