Wise v. Vincent

The first question raised is whether original defendant Vincent states facts sufficient to constitute a cause of action for contribution against additional defendant Jones.

The applicable rules of law are stated in Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673, as follows:

“1. Liability for contribution under the provisions of G.S. 1-240 may not be invoked except among joint tortfeasors. Therefore, in order for one defendant to join another as a third-party defendant for the purpose of contribution, he must allege facts sufficient to show joint tortfeasorship and his right to contribution…