Zarrella v. Miller

This action of trespass on the case for contribution was brought under G. L. 1956, chap. 6 of title 10, the uniform contribution among tortfeasors act. The case is before this court on the plaintiff’s exceptions to certain rulings on the pleadings.

The case presents a question of first impression in this state. It raises the issue whether the spouse of an injured party is a joint tortfeasor, as the term is defined in §10-6-2 of the act, subjecting him to an action for contribution under §10-6-3.

We shall discuss briefly the pertinent facts. The plaintiff’s motor vehicle, while being operated by…