Wurtzinger v. Jacobs

Two issues are presented on this appeal:

1. Should the recovery made by the parents in the wrongful-death action be subject to the contribution rights of the defendants created by the negligence of the deceased ?

2. Should the recovery made in the survival action be reduced for attorney’s fees, in order to allow compensation to counsel before the recovery is available for contribution?

Appellants’ obvious reason for attempting to extend their contribution rights to the wrongful-death recovery and the attorney’s fees in the survival action is that the *709estate of the deceased driver, Frank Bart…