St. Vincent Infirmary Medical Center and Catholic Health Initiatives — Hart, J., Concurring in Part and Dissenting…

Summary

Justice Hart argues that a settling tortfeasor may still be a joint tortfeasor and should be available as a third-party defendant when independent negligent acts combine to cause the same injury. She would permit St. Vincent to pursue contribution against Golden Living, while agreeing that St. Vincent may present evidence of Golden Living’s responsibility and settlement to the jury. Justice Danielson, dissenting, would additionally require a procedure allowing allocation of fault to Golden Living despite its settlement and dismissal.