Tenneco Oil Co. v. Templin

Pope, Judge.

The issues presented in this appeal appear to be issues of first impression in this state. The first is whether a claim by a defendant in a tort action against a plaintiff for contribution for damages awarded in favor of a co-plaintiff is a compulsory counterclaim so that the defendant is barred by the doctrine of res judicata from pursuing the claim for contribution in a separate action after judgment has been rendered. The other is whether a claim by one defendant in a tort action against a co-defendant for contribution is barred by the doctrine of res judicata if it was not…