American Motorists Insurance Co. v. Vigen

Loring, Justice.

These two cases present the question whether an unsuccessful defendant in a personal injury suit who is sued jointly with another defendant in whose favor a verdict was found and judgment entered is entitled to retry the issue of the successful defendant’s liability to the original plaintiff and, if successful in establishing such liability, to recover contribution from the successful defendant.

It is the contention here of the insurers of the unsuccessful defendants that they may relitigate the liability of the successful defendants to the original injured plaintiffs and thus…