Graber v. Westaway

Opinion by

Judge TURSI.

Defendant and third-party plaintiff, Jase P. Graber, appeals the judgment denying his efforts to pursue a third-party complaint against Keith Westaway, third-party defendant. The issue before us is whether a defendant who has settled a personal injury claim is prohibited by § 13-21-111.5, C.R.S. (1990 Cum.Supp.), the proportionate fault statute, from litigating the apportionment of liability and collecting contribution from a non-designated tortfeasor by im-pleader. Contrary to the trial court, we conclude that the statute does not bar a defendant’s right to seek…