Cote v. Bay State Gas Co.

The parties seek a pre-trial ruling concerning the burden of proof in a contribution action with respect to the reasonableness of the underlying tort settlements.3 General Laws chapter 23 IB, Section 1(c) provides:

A tortfeasor who enters into a settlement with a claimant shall not be entitled to recover contribution from another tortfeasor in respect to any amount paid in a settlement which is in excess of what was reasonable.

This provision has been interpreted to place the burden of proof on the person seeking contribution to show that the settlement was reasonable. See Robertson v. McCarte,…