Holmes Regional Medical Center, Inc. v. Allstate Insurance Company

I dissent because the Court answers the wrong question and because the answer, which effectively leaves the initial tortfea-sor without a remedy, is contrary to the basic tenets underlying common law tort theory. I would rephrase the question to match the facts of this case, to read as follows:

WHEN AN INJURED PARTY SECURES A JUDGMENT AGAINST AN INITIAL TORTFEASOR AND THEN SUES A SUBSEQUENT TORTFEA-SOR TO RECOVER THE SAME DAMAGES, MAY THE INITIAL TORTFEASOR JOIN THE ACTION AND FILE A CONTINGENT EQUITABLE SUBROGATION CLAIM?

I would answer this rephrased question affirmatively. To explain why, I…