Tort Actions

ORS 31.810
Enforcement of right of contribution

  • commencement of separate action
  • barring right of contribution
  • effect of satisfaction of judgment

(1)

Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(2)

Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

(3)

If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review.

(4)

If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either:

(a)

Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or

(b)

Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution.

(5)

The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (Contributory negligence not bar to recovery) (2) who has been made a party by another tortfeasor.

(6)

The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(7)

The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]

Notes of Decisions

Action for contribution before discharge of common liability is premature. Southern Pacific Trans. Co. v. City of Portland, 75 Or App 149, 706 P2d 1000 (1985), Sup Ct review denied

Where insurance company sought contribution under this section based on allegation that Oregon Health Sciences University and state were responsible for obligation insurance company discharged, but only partially, as subrogee of resident doctor and hospital at which malpractice allegedly occurred, insurance company’s allegations do not establish right to contribution as matter of law. Aetna Casualty & Surety Co. v. OHSU, 310 Or 61, 793 P2d 320 (1990)

Source

Last accessed
May 30, 2023

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