Charleston Area Medical Center, Inc. v. Parke-Davis

ALBRIGHT, Chief Justice.

This case is before us on a certified question from the United States Court of Appeals for the Fourth Circuit and presents the issue of whether a joint tortfeasor, who settles with an injured party solely on behalf of itself before any lawsuit has been filed, may thereafter seek contribution from another tortfeasor who was unaware of both the ongoing settlement negotiations and ultimately the consummation of a settlement agreement. Upon our examination of both statutory and common law, we conclude that a cause of action for contribution upon these facts is not…