Holmes Regional Medical Center, Inc., Petitioners v. Allstate Insurance Company, — Lawson, J…

Summary

Justice Lawson dissented, concluding that an initial tortfeasor who has been held liable for damages allegedly caused by subsequent medical negligence should be permitted to join the injured party’s action and assert a contingent equitable-subrogation claim. He reasoned that allowing joinder would promote fair apportionment, avoid inconsistent proceedings, and prevent the initial tortfeasor from bearing damages it did not cause. Justice Polston, dissenting, agreed with that position, while Justice Pariente, concurring, defended the majority’s refusal to allow intervention before the judgment was satisfied.