Legal Opinion

Kottler v. State

Washington Supreme Court

Decided September 24, 1998No. Nos. 65256-2; 65515-4PublishedCited by 38 opinions

1Opinion of the CourtSanders, J.

We are asked whether a settling party in a civil tort action is entitled to contribution from another alleged tortfeasor based upon a pretrial settlement with a fault-free injured party. We hold such settling party may not seek contribution unless joint and several liability arises under one of the exceptions listed in RCW 4.22.070 and conclude joint and several liability will not arise under RCW 4.22.070(1)(b) unless a judgment is entered.

This proceeding consolidates two separate actions. In the first, Kottler v. State, No. 65256-2, Herbert Kottler drove a van owned by his employer, Olympic…

2Cases cited14 opinions

  1. Washburn v. Beatt Equipment Co.Washington Supreme Court · 1992
  2. Seattle-First National Bank v. Shoreline Concrete Co.Washington Supreme Court · 1978
  3. Glass v. Stahl Specialty CompanyWashington Supreme Court · 1982
  4. Elovich v. Nationwide InsuranceWashington Supreme Court · 1985
  5. Abb v. Northern Pacific Railway Co.Washington Supreme Court · 1902

9 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Standing Rock Homeowners Ass'n v. MisichCourt of Appeals of Washington · 2001
  2. Kottler v. StateWashington Supreme Court · 1998
  3. Sabey v. Howard Johnson Co.Court of Appeals of Washington · 2000
  4. Sabey v. Howard Johnson & Co.Court of Appeals of Washington · 2000
  5. Johnson v. Recreational Equipment, Inc.Court of Appeals of Washington · 2011

33 more not listed; retrieve them via the Exa API.

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