Horton Ex Rel. Horton v. Orbeth, Inc.

I respectfully dissent. The respondents rely upon the fact that although they were found to be negligent, through operation of the comparative fault statute, they were not liable to plaintiff. Respondents argue that this absence of liability to plaintiff shields them from appellants’ contribution claim because it precludes appellants from demonstrating the element of common liability.

Minn.Stat. § 604.01 (1976) provides for contribution “to awards” by those “jointly liable” and the majority opinion is correct in stating that “the statute makes no provision for contribution by one who is not…