Fay v. McFadden

ACKER, J.,

— The matter for determination arises from a preliminary objection in the nature of a demurrer to a complaint in assumpsit. The basic issue is whether contribution can be claimed in this action when the initial right to sue and the right to contribution would both have been denied by the State of the wrong.

It appears that on October 21,1969, plaintiff, William D. Fay, a resident of3640 Neilson Avenue, Youngstown, Mahoning County, Ohio, was operating his 1956 Chevrolet two-door sedan east on the Youngstown-Poland Road in the State of Ohio. At the same time and place, defendant,…