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Koste v. Chambers

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eBook details

  • Title: Koste v. Chambers
  • Author : Division Two Court of Appeals of Washington
  • Release Date : January 28, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

FLEISHER, J. -- Following a two-car accident, the driver of one car, George Chambers, and his passenger, Rita Madsen, sued the driver of the other car, David Koste. The court transferred Madsens claim to arbitration where she received an award against Koste. Chambers was not a party to this arbitration. Chambers claim against Koste went to trial where Chambers was found to be 58 percent at fault for the accident and Koste was found to be 42 percent at fault. Koste then brought this action seeking contribution from Chambers for the amount he had paid to Madsen under the arbitration award. A right of contribution may exist between persons who are jointly and severally liable for the same injury. To be jointly and severally liable, a party must be a defendant against whom judgment is entered. Because Chambers was not a defendant against whom judgment was entered in the arbitration proceeding, he is not joint and severally liable for Madsens injuries. Accordingly, Koste does not possess a right of contribution against Chambers, and we reverse.


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