Petrea v. Ryder Tank Lines, Inc.

A defendant who has been sued for tort may bring into the action for the purpose of enforcing contribution under G.S. 1-240 only a joint tort-feasor whom plaintiff could have sued originally in the same action. Jones v. Aircraft Co., 253 N.C. 482, 117 S.E. 2d 496; Wilson v. Massagee, 224 N.C. 705, 32 S.E. 2d 335, 156 A.L.R. 922. The law of West Virginia does not permit one spouse to sue the other in tort. Campbell v. Campbell, 145 W. Va. 245, 114 S.E. 2d 406; Poling v. Poling, 116 W. Va. 187, 179 S.E. 604. North Carolina applies the lex loci delicti.

“We have in previous decisions held…