Legal Opinion

Kirk v. Moe

Washington Supreme Court

Decided April 12, 1990No. 56570-8PublishedCited by 24 opinions

1Opinion of the CourtBrachtenbach, J.

— An employer seeks contribution from his employee following settlement by the employer, and others, with the injured party as a result, at least in part, of the employee's negligence.

The main issue is this: When an injured party releases both the principal and agent from liability, but the agent does not participate in the settlement agreement, is the agent thereby discharged from liability to the principal for contribution or indemnity under RCW 4.22.060(2)?

A secondary issue is whether the employer is equitably estopped from seeking contribution by his attorney's conduct during the…

2Cases cited10 opinions

  1. Tank v. State Farm Fire and Casualty Co.Washington Supreme Court · 1986
  2. Grimwood v. University of Puget Sound, Inc.Washington Supreme Court · 1988
  3. Glover v. Tacoma General HospitalWashington Supreme Court · 1983
  4. Crown Controls, Inc. v. SmileyWashington Supreme Court · 1988
  5. Wendle v. FarrowWashington Supreme Court · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Washington State Physicians Insurance Exchange & Ass'n v. Fisons Corp.Washington Supreme Court · 1993
  2. In Re F.D. Processing, Inc.Washington Supreme Court · 1992
  3. Price v. Kitsap TransitWashington Supreme Court · 1994
  4. City of Seattle v. BlumeWashington Supreme Court · 1997
  5. City of Seattle v. BlumeWashington Supreme Court · 1997

19 more not listed; retrieve them via the Exa API.

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