International Proteins Corp. v. Ralston-Purina Co.

OPINION

RAY, Justice.

The issue in this appeal is whether a defendant, who settles with the plaintiff and takes an assignment of the plaintiff’s cause of action, may prosecute the plaintiff’s original claims against the remaining defendants. The court of appeals held that under such an arrangement the settling defendant could pursue the original claims in the plaintiff’s name. 722 S.W.2d 431. The effect is that a settling defendant may preserve contribution rights against non-settling defendants if the settling party takes an assignment of the plaintiff’s cause of action. This is contrary to…