Basis for proportional shares of tortfeasors
Source:
Section 31.805 — Basis for proportional shares of tortfeasors, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
Notes of Decisions
Where complaint alleges that insurance company paid more than its proportionate share of common liability and had right to seek contribution from joint insurer but did not allege that insurer discharged liability, pleading is not sufficient and trial court did not err in dismissing contribution claim. Aetna Casualty & Surety Co. v. OHSU, 96 Or App 292, 773 P2d 1320 (1989), aff’d 310 Or 61, 793 P2d 320 (1990)
Liability is apportioned among joint tortfeasors, not by allocation of proximate cause or physical cause, but by allocating cause-in-fact fault based on relative magnitude of defect. Ingram v. Acands, Inc., 977 F2d 1332 (1992)
Once plaintiff presented evidence asbestos product was present in workplace, it was for jury to determine whether product was cause-in-fact of plaintiff’s injuries, notwithstanding lack of particularized proof of frequency, regularity and proximity of contact. Ingram v. Acands, Inc., 977 F2d 1332 (1992)
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