§ 1B-1. Right to contribution.
Chapter1B.
Contribution.
Article 1.
Uniform Contributionamong Tort‑Feasors Act.
§ 1B‑1. Right tocontribution.
(a) Except as otherwiseprovided in this Article, where two or more persons become jointly or severallyliable in tort for the same injury to person or property or for the samewrongful death, there is a right of contribution among them even thoughjudgment has not been recovered against all or any of them.
(b) The right ofcontribution exists only in favor of a tort‑feasor who has paid more thanhis pro rata share of the common liability, and his total recovery is limitedto the amount paid by him in excess of his pro rata share. No tort‑feasoris compelled to make contribution beyond his own pro rata share of the entireliability.
(c) There is no rightof contribution in favor of any tort‑feasor who has intentionally causedor contributed to the injury or wrongful death.
(d) A tort‑feasorwho enters into a settlement with a claimant is not entitled to recovercontribution from another tort‑feasor whose liability for the injury orwrongful death has not been extinguished nor in respect to any amount paid in asettlement which is in excess of what was reasonable.
(e) A liabilityinsurer, who by payment has discharged in full or in part the liability of atort‑feasor and has thereby discharged in full its obligation as insurer,succeeds to the tort‑feasor's right of contribution to the extent of theamount it has paid in excess of the tort‑feasor's pro rata share of thecommon liability. This provision does not limit or impair any right ofsubrogation arising from any other relationship.
(f) This Article doesnot impair any right of indemnity under existing law. Where one tort‑feasoris entitled to indemnity from another, the right of the indemnity obligee isfor indemnity and not contribution, and the indemnity obligor is not entitledto contribution from the obligee for any portion of his indemnity obligation.
(g) This Article shallnot apply to breaches of trust or of other fiduciary obligation.
(h) The provisions ofthis Article shall apply to tort claims against the State. However, in suchcases, the same rules governing liability and the limits of liability shallapply to the State and its agencies as in cases heard before the IndustrialCommission. The State's share in such cases shall not exceed the pro rata sharebased upon the maximum amount of liability under the Tort Claims Act.
(i) The provisions ofthis Article shall apply to the injury or death of an employee of any commoncarrier by rail which is subject to the provisions of Chapter 2 of Title 45 ofthe United States Code (45 U.S.C. § 51 et seq.) or G.S. 62‑242 wheresuch injury or death is caused by the joint or concurring negligence of suchcommon carrier by rail and any other person or persons. In any such instance,the following will apply:
(1) Where liability isimposed or sought to be imposed only on such common carrier by rail, therailroad is entitled to contribution from any other such person or persons;
(2) Where liability isimposed or sought to be imposed only on a person or persons other than a commoncarrier by rail, such other person or persons are entitled to contribution fromthe railroad;
(3) Where liability isimposed or sought to be imposed on both a common carrier by rail and any otherperson or persons, damages shall be determined as provided in Chapter 2 ofTitle 45 of the United States Code (45 U.S.C. § 51 et seq.) or G.S. 62‑242whichever controls the claim. (1967, c. 847, s. 1; 1975, c.587, s. 2; 1979, c. 620.)