32-38 Contribution Among Tort-Feasors
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<![CDATA[CHAPTER 32-38CONTRIBUTION AMONG TORT-FEASORS32-38-01. Right to contribution.1.Except as otherwise provided in this chapter, if two or more persons become jointly<br>or severally liable in tort for the same injury to person or property or for the same<br>wrongful death, there is a right of contribution among them even though judgment<br>has not been recovered against all or any of them.2.The right of contribution exists only in favor of a tort-feasor who has paid more than<br>that tort-feasor's pro rata share of the common liability, and that tort-feasor's total<br>recovery is limited to the amount paid by that tort-feasor in excess of that<br>tort-feasor's pro rata share. No tort-feasor is compelled to make contribution beyond<br>that tort-feasor's own pro rata share of the entire liability.3.There is no right of contribution in favor of any tort-feasor who has intentionally<br>(willfully or wantonly) caused or contributed to the injury or wrongful death.4.A tort-feasor who enters into a settlement with a claimant is not entitled to recover<br>contribution from another tort-feasor whose liability for the injury or wrongful death is<br>not extinguished by the settlement nor in respect to any amount paid in a settlement<br>which is in excess of what was reasonable.5.A liability insurer, who by payment has discharged in full or in part the liability of a<br>tort-feasor and has thereby discharged in full its obligation as insurer, is subrogated<br>to the tort-feasor's right of contribution to the extent of the amount it has paid in<br>excess of the tort-feasor's pro rata share of the common liability. This provision<br>does not limit or impair any right of subrogation arising from any other relationship.6.This chapter does not impair any right or indemnity under existing law.If onetort-feasor is entitled to indemnity from another, the right of the indemnity obligee is<br>for indemnity and not contribution, and the indemnity obligor is not entitled to<br>contribution from the obligee for any portion of the obligor's indemnity obligation.7.This chapter shall not apply to breaches of trust or of other fiduciary obligation.32-38-02. Pro rata shares. In determining the pro rata shares of tort-feasors in theentire liability:1.Their relative degrees of fault shall not be considered.2.If equity requires, the collective liability of some as a group shall constitute a single<br>share.3.Principles of equity applicable to contribution generally shall apply.32-38-03. Enforcement.1.Whether or not judgment has been entered in an action against two or more<br>tort-feasors for the same injury or wrongful death, contribution may be enforced by<br>separate action.2.When a judgment has been entered in an action against two or more tort-feasors for<br>the same injury or wrongful death, contribution may be enforced in that action by<br>judgment in favor of one against other judgment defendants by motion upon notice<br>to all parties to the action.Page No. 13.If there is a judgment for the injury or wrongful death against the tort-feasor seeking<br>contribution, any separate action by that tort-feasor to enforce contribution must be<br>commenced within one year after the judgment has become final by lapse of time for<br>appeal or after appellate review.4.If there is no judgment for the injury or wrongful death against the tort-feasor seeking<br>contribution, the tort-feasor's right of contribution is barred unless the tort-feasor has<br>either discharged by payment the common liability within the statute of limitations<br>period applicable to the claimant's claim for relief against the tort-feasor and has<br>commenced action for contribution within one year after payment, or agreed while<br>action is pending against such tort-feasor to discharge the common liability and has<br>within one year after the agreement paid the liability and commenced action for<br>contribution.5.The recovery of a judgment for an injury or wrongful death against one tort-feasor<br>does not of itself discharge the other tort-feasors from liability for the injury or<br>wrongful death unless the judgment is satisfied. The satisfaction of the judgment<br>does not impair any right of contribution.6.The judgment of the court in determining the liability of the several defendants to the<br>claimant for an injury or wrongful death shall be binding as among such defendants<br>in determining their right to contribution.32-38-04. Release or covenant not to sue. When a release or a covenant not to sue ornot to enforce judgment is given in good faith to one of two or more persons liable in tort for the<br>same injury or the same wrongful death:1.It does not discharge any of the other tort-feasors from liability for the injury or<br>wrongful death unless its terms so provide; but it reduces the claim against the<br>others to the extent of any amount stipulated by the release or the covenant, or in<br>the amount of the consideration paid for it, whichever is the greater.2.It discharges the tort-feasor to whom it is given from all liability for contribution to any<br>other tort-feasor.Page No. 2Document Outlinechapter 32-38 contribution among tort-feasors]]>