Farmers Mutual Insurance v. Appalachian Power Co.

OPINION

This appeal presents the question of whether, under West Virginia law, an adjudicated joint tortfeasor is barred from seeking contribution in a separate civil action from a fellow joint tortfeasor, when: (1) the adjudicated joint tortfeasor had originally filed a cross claim for contribution against the alleged joint tortfeasor in the underlying tort action; (2) the adjudicated joint tortfeasor subsequently agreed to a voluntary dismissal without prejudice of his cross claim for contribution; and (3) the alleged joint tortfeasor was not a party to the ensuing adverse judgment in the…