Slaughter v. Pennsylvania X-Ray Corp.

OPINION OF THE COURT

WEIS, Circuit Judge.

Because it had insufficient insurance coverage to pay the plaintiff a reasonable settlement, the target defendant in this diversity personal injury suit “borrowed” money from one of several alleged joint tortfeasors. Repayment was conditioned upon the defendant’s recovery of contribution from other tortfeasors. Rejecting a contention that the “loan” was in fact a settlement payment, the district court allowed recoupment. In addition, the court held that a recently enacted comparative negligence statute was not applicable in a contribution suit where the…