PAM Transport v. Freightliner Corp.

PAM Transport and Andrew Mertyris appeal from the district court’s order granting Freightliner Corporation’s motion for judgment on the pleadings. Based on the response of the Arizona Supreme Court to our certified question, we affirm.

I

On November 28, 1988, Plaintiff/Appellant Andrew Mertyris was operating a 1989 Freightliner tractor truck in the scope of his employment with Plaintiff/Appellant PAM Transport when he was involved in a collision with a vehicle owned by the Arizona Department of Transportation. This collision resulted in the death of the driver of that vehicle, Grady Harold Ashcraft.

Litigation ensued between the survivors of decedent Ashcraft and Appellants herein (the “Ashcraft Litigation”). This litigation was filed in September of 1989. Appellees were not parties to the Ashcraft Litigation. In March of 1991, Appellants settled the Ash-craft Litigation and paid to the survivors of decedent Ashcraft the sum of $985,000. *747 Such sum extinguished the liability of Appellants herein and all other firms or corporations, including Appellees, to the survivors of decedent Ashcraft. Appellants then initiated the instant action seeking contribution from Appellees…