Texas Supreme Court
Beech Aircraft Corporation, Petitioners v. Dr. Wiley J. Jinkins, Iii, Respondents
July 8, 198730 Tex. Sup. Ct. J. 553
Summary
The Texas Supreme Court affirmed that a defendant who settles a plaintiff's entire claim cannot preserve a right to contribution against other alleged joint tortfeasors under either the original contribution statute, the comparative negligence statute, or the common‑law contribution scheme. The Court reasoned that contribution requires a judgment against the party seeking contribution and that a settlement agreement does not satisfy that prerequisite. Justice Ray dissented, arguing that a settling joint tortfeasor should be allowed to seek contribution.